iiVJ^^ 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


THE  READY  LAWYER; 

OR 

The  Business  Men's,  Farmers',  Mechanics',  Miners' 
AND  Settlers' 

EXPLAINING: 

How  Statutory  Laws  are  made,  and  how  they  are  ptit  into  practice ;  and  containing  a  conciBe- 
Manual  of  Parliamentary  Rules,  with  Rules  for  forming  Corporations,  Associations  and 
Civic  Societies;  Forms  of  Complaints  under  Codes,  in  all  ordinary  actions  at  law;  De- 
murrers, Answers,  etc. ;   Criminal  Complaints ;    all  classes  of  Mechanics'  and 
other  Liens,  and  a  full  line  of  Legal,  Commercial  and  Business  Forms, 
Notarial  and  Justice's  Forms,  Book-keeping,  etc. ;  also  Petitions,  in- 
cluding Petitions  for  Letters  Testamentary,  and  of  Administra- 
tion, etc. ;  Wills,  Codicils,  Legal  Weights,  Measures  and 
Values;  and  Laws,  Forms  and  Explanations  re- 
specting all  matters  pertaining  to  the  ordi- 
nary business  of  life 

— ALSO— 

The  Public  Land,  Mining,  Patent  and  Copyright  Laws  of  the  United  States,  with  full  Directions 

for  obtaining  Title  to  anything  the  United  States  can  give  Title  to,  or  the  Exclusive  Right  of 

whether  by  Grantor  Patent,  including  Mining  Claims,  Desert,  Coal,  Saline,  Stone  and 

Timber  Lands;  and  Pension  Laws,  with  all  necessary  Forms  and  Explanations 

for  securing  Title  to  the  same 

— ALSO — 

The  Location  of  the  Public  Land-Offices,  etc. ;  the  Mining  and  Water  Laws,  and  Laws  of  all  the 
States  and  Territories  exempting  property  from    execution;    Homestead  and   Insolvent 
Laws,  and  Laws  Limiting  Civil  Actions ;  Statutes  of  Frauds,  the  Laws  Regulating 
Interest ;  General  Laws  Relating  to  Partnerships ;  Rights  and  Liabilities  of  Com- 
mon Carriers;  Laws  Relating  to  Husband  and  Wife,  imder  Codes,  etc., 
etc.;  together  with  the   Declaration    of   American  Independence. 


THE  AMENDED  CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA. 


By  HON.  H.  A.  GASTON, 

Author  of"T?ie  Little  Laioyer?''    Formerly  a  JTember  of  the  Legislature  of  California,  and 
late  Speaker  of  the  Assembly  of  the  State  of  Nevada. 


IsTIB^W    ITOK-IK:    .A-IsTZD    OmCA-Q-Or 

FAIRBANKS,  PALMER  &  CO. 

San  Jose,  California:   H.  A.  Gaston.      Atlanta,   Georgia:    R.  M.  Powers. 

1883.      ■' 


Copyright  fcy  H.  A.  Gaston. 
1883. 


T 


DEDICATION. 


To  all  People  of  the  United  States  of  America 

who  desire  fundamental  and  practical  information  in  the  current 
branches  of  the  Business  of  Life,  with  practical  legal  and  business 
forms  for  use  in  pursuing  the  same,  this  book  is  most  respect- 
fully DEDICATED,    bj 

THE  AUTHOR  AND  COMPILER. 


"Ignorance  everywhere,  clothes  itself  in  rags  and  lives  in 
hovels,  but  when  man's  nature  is  opened  by  education,  his  desires 
clamor  at  the  gateway  of  every  nerve  and  sense  for  gratification. 
The  awakened  soul  has  wants  as  well  as  the  body.  Its  desires 
take  the  wings  of  the  light,  and  fly  to  the  uttermost  parts  of  the 
earth  for  satisfaction.  They  change  the  rude  hut  into  the  neat 
cottage,  and  fill  it  with  objects  which  satisfy  the  wants  of  the  soul 
as  well  as  the  wants  of  the  body.  Enter  the  homes  of  educated 
labor  in  this  land,  and,  taking  an  inventory  of  the  articles  therein 
which  minister  to  taste  and  culture;  contrast  the  result  with  what 
is  found,  the  world  over,  in  the  hovels  of  ignorance.  Some  idea 
will  thus  be  obtained  of  the  industrial  power  of  general  intelli- 
gence. The  elevation  of  a  people  in  intelligence  and  a  ste,  in- 
creases their  demands  for  the  products  of  human  industry  and  skill, 
and  at  the  same  time  it  intensifies  human  effort  and  multiplies 
and  varies  the  forms  of  industry.  Wealth  is  the  child  of  edu- 
cation." 


The  money  value  of  a  knowledge  of  the  law  and  the  business 
forms,  by  which  we  obtain  title  to  and  hold  the  property  we  pos 
sess,  can  hardly  be  over-estimated.  ' '  Knowledge  is  power  "  and 
to  know  how  to  do  things  right,  is  great  gain. 


6708^.9 


PREFACE. 


The  Ready  Lawyer  is  intended  to  be  a  thoroughly  practical 
work.  The  great  success  of  the  "Little  Lawyer,"  of  which  nine 
editions  were  sold  within  eighteen  months  after  its  first  publication, 
though  applicable  to  the  Pacific  Coast  only  (it  has  now  gone  through 
eleven  editions),  induced  the  author  of  the  work  to  prepare  another, 
more  complete  and  extensive.,  for  the  benefit  of  all  classes  of  busi- 
ness men,  merchants,  mechanics,  miners,  farmers,  settlers  on  pub- 
lic lands,  etc.,  in  all  parts  of  the  United  States  and  Territories;  and 
to  provide  them  with  such  practical  legal  information,  and  legal 
and  business  forms,  as  men  in  all  branches  of  business  in  ordinary 
life,  have  frequent  occasion  to  refer  to  and  use,  at  a  cost  much  less 
than  is  often  charged  by  persons  for  furnishing  and  filling  out  a 
single  one  of  the  many  hundred  forms  whicli  are  given  in  this 
book.  The  laws  presented  in  the  work  are  now  in  full  force,  and 
are  not  likely  to  be  materially  changed  for  many  years;  while  the 
forms  accompanying  the  laws  are  of  the  latest  approved  character. 

This  being  a  popular  work,  and  intended  for  the  benefit  of  the 
general  public,  as  well  as  for  the  convenience  of  attorneys,  the 
author  has  generally  avoided  reference  to  authorities,  because 
such  reference  often  tends  to  confuse,  rather  than  instruct,  the 
popular  mind,  lie  has,  however,  given  the  plain  section  and  letter 
of  the  law,  wherever  it  has  been  practicable  so  to  do,  with  tried 
and  apjjroved  forms,  in  strict  conformity  with  the  laws,  many  of 
the  forms  liaving  been  ])ro])ared  in  ofticial  departments  of  the  Gov- 
ernment. Of  the  intrinsic  value  of  the  work,  and  of  its  intended, 
practical  usefnlness  to  the  general  public,  too  much  cannot  be  said 
in  its  commendation;  for  ahnost  any  one,  of  its  many  hundred 
legal  and  business  fornix,  when  required  for  use,  will  often  prove 
of  greater  vuhie  than   the  cost  of  the  entire  work;  while  at  the 


PREFACE. 


same  time,  The  Ready  Lawyer,  if  referred  to,  will  promptly  and 
correctly  answer  most  questions  which  may  arise  in  all  ordinary 
lines  of  business;  for  it  has  been  prepared  with  great  care,  is  com- 
prehensive in  its  scope,  and  intended  to  be  complete  in  its  details. 

The  Constitution  of  the  United  States  as  published  in  this  work, 
has  been  compared  with  the  original,  in  the  Department  of  State 
at  Washington,  and  includes  all  the  amendments  of  that  great 
instrument  up  to  this  time;  and  is  incorporated  in  this  book,  because 
all  American  citizens  should  have  ready  and  frequent  access  to 
that  noble  and  supreme  law,  which  constitutes  us  the  people  of  one 
nation,  wherever  we  may  reside  within  the  United  States,  or  under 
our  national  flag. 

No  apology  is  necessary  for  incorporating  in  a  popular  work 
like  this,  the  Declaration  of  Independence,  because  that  matchless 
instrument  gave  birth  to  our  nation;  and  not  only  every  man  and 
woman,  but  every  boy  and  girl,  in  all  our  broad  and  beautiful 
domain,  should  become  familiar  with  its  strong  inspiration,  its 
purity  of  diction,  and  its  clearness  of  expression. 

This  work  is  not  expected,  nor  intended,  to  make  lawyers 
of  those  who  may  possess  it;  but  rather,  as  above  suggested,  to 
provide  all  classes  named  in  its  title  page  with  the  laws  upon  the 
subjects  treated  of,  as  they  are  now  in  force,  and  to  provide  all  who 
may  possess  the  book,  with  carefully  prepared  directions,  and 
practical,  convenient,  and  useful  forms,  for  use  when  desired, in  any 
ordinary  line  of  business. 

The  United  States  mining,  water  and  land  laws,  as  well  as  the 
State  and  Territorial  mining  and  water  laws,  are  given  in  full  in 
the  work,  with  every  section,  instruction,  form  to  be  used,  and 
question  to  be  answered,  by  the  applicant  for  a  patent,  in  order  to 
secure  an  inchoate,  or  perfected  title  to  any  land,  mining  claim, 
invention,  pension,  or  production  of  any  kind  or  nature. 

The  American,  French  and  English  systems  of  legal  weights 
and  measures,  which  are  legalized  in  the  United  States,  and  terms 
often  used  in  connection  therewith,  will  be  found  in  a  remarkable 
degree  of  completeness  in  this  work,  and  will  doubtless  prove  of 
great  convenience  and  usefulness  to  almost  all  classes. 


•  PREFACE. 


The  suggestions  to  young  advocates,  the  author  hopes  will  be 
taken  by  those  young  gentlemen,  including  the  clergymen,  in  the 
same  kind  spirit  which  prompted  their  making,  and  that  they  will 
profit  by  the  suggestions. 

One  great  object,  which  has  been  constantly  had  in  view  in  pre- 
paring this  work,  has  been,  to  furnish  all  who  may  possess  it, 
with  the  largest  possible  amount  of  practical  legal  information, 
and  the  greatest  number  of  practical,  legal  and  business  forms,  in 
the  smallest  possible  space,  consistent  with  correctness,  and  clear- 
ness of  type;  and  in  the  plainest  and  most  concise  language. 

The  projector  of  this  work,  acknowledges  his  indebtedness  to  the 
various  departments  at  Washington,  and  also  to  that  most  useful 
and  excellent  work  entitled  "Gaskell's  Compendium,"  for  much 
late  and  very  useful  material,  and  abstracts  incorporated  in  the 
work. 

To  most  persons  who  become  possessed  of  it,  The  Ready  Lawyer 
will  doubtless  prove  to  be  very  many  times  over  the  value  of  its 
cost,  and  that  it  may  result  in  great  benefit  to  all  who  examine  it 
thoroughly,  is  the  hope  and  the  belief  of  the 

Author  and  Compiler. 


THE  READY  LAWYER. 


TABLE  OF  CONTENTS. 


CHAPTER  I.— Introduction,  1-3 ;  Declaration  of  Independence,  3-7. 

CHAPTER  II.  —  Constitution  of  United  States,  8-25 ;  Presidents  of  United 
States,  25-34. 

CHAPTER  III.*— How  statutory  laws  are  made,  35^2;  Forming  Societies,  etc., 
42-47. 

CHAPTER  IV.— United  States  Mining  Laws  and  Regulations,  48-86 ;  Acts  of 
1866,  1870,  87-89;  Decision,  90. 

CHAPTER  v.— Mining  Forms  under  Act  of  1872,  91-106;  Other  Mining  Forms, 
106-111. 

CHAPTER  VI.— State  and  Territorial  Mining  Laws,  112-151 

CHAPTER  VII.— Coal  Land  Laws  and  Regulations,  152-161 

CHAPTER  VIII.— Condensed  Instructions  of  Public  Land  Commissioner,  161- 
169 ;  Public  Lands,  170-210 ;  Registers  and  Receivers,  170-172 ;  Pre-emptions, 
172-179;  Homesteads  on  Public  Land,  179-185;  Town  Sites,  185-190;  Crimes, 
191;  Act  Relating  to  Homesteads  and  Pre-emptions,  191,192;  Timber  Cult- 
ure, 193-195 ;  Desert  Lands,  195 ;  Saline,  196 ;  Additional  Town-site  Act,  197- 
199 ;  Timber  Land  in  Certain  States  and  Territories,  199-201 ;  Indians,  201 ; 
Land  Scrip,  202;  Additional  Homestead  Rights,  203-206;  Additional  Pre- 
emption Rights,  207;  Additional  Timber  Culture  Act,  206;  Act  Relieving 
Trespassers,  207;  Re-payment  to  Settlers,  208-210;  Public  Land  Forms,  210- 
233 ;  United  States  Land-Offices,  233-234. 

CHAPTER  IX.— Military  Bounty  Land  Laws  and  Forms,  235-241;  Railroad 
Land  Laws,  242-245 ;  Texas  and  Other  State  Lands,  245. 

CHAPTER  X.— Action  at  Law  Exemplified,  Forms,  etc.,  246-259. 

CHAPTER  XI.— Corporations,  Co-partnerships,  etc.,  260-270. 

CHAPTER  XII.— Complaints,  Coroner's  Verdicts,  etc.,  271-299 ;  Demurrers,  300. 

CHAPTER  XIII.— Forms  of  Liens,  304-314;  Deeds  and  Mortgages,  314-326; 
Leases,  32G-332. 

CHAPTER  XIV.— Commercial  and  Business  Laws  and  Forms,  333-361 ;  Affida- 
vits, 352 ;  Petitions,  353-355 ;  Right  of  Way,  355 ;  Bills  of  Exchange,  Laws 
and  Forms,  355-359;  Tender,  359;  General  Rules  Relating  to  Contracts,  360- 
361. 

CHAPTER  XV.— Patent  Rights,  Office  Rules  and  Forms,  362-407 ;  Specification, 
366;  Oath,  368;  Model,  372;  Caveat,  382;  Assignments,  384;  Fees,  385; 
Forms,  387-407 ;  Law  of  Trade  Marks,  407;  Prints  and  Labels,  409;  Copy, 
rights,  410-412. 


Viii  CONTENTS. 

CHAPTER  XVI.— Book-keeping,  413-418;  Legal  Weights  and  Measures,  418- 
433;  Postal  Rates  and  Regulations,  433-443. 

CHAPTER  XVII.—NaturalizatioQ,  444-447 ;  Wills,  447-450;  Civil  and  Crimi- 
nal Forms,  450-489;  Hotel  Keepers,  489;  Marriage,  Bonds,  Petitions  and 
Assignments,  491-510. 

CHAPTER  XVIII.— Pension  Laws,  511-533;  Bounty,  Synopsis,  533. 

CHAPTER  XIX.— Common  Carriers,  535-541 ;  Liability  of  Minors,  543. 

CHAPTER  XX.— Definitions,  Forms  and  Abstracts,  543-5G5 ;  Power  of  Attor- 
ney, 543;  Bond,  513;  Assignments,  544-546;  Dower,  547-549;  Husband  and 
Wife,  549-551 ;  Married  Women  in  States,  553-563 ;  Mortgages,  563-565. 

CHAPTER  XXI —Abstracts  of  all  State  Laws  Relating  to  Wills,  Insolvency 
and  Assignments,  566-581 ;  Petitions  in  Insolvency,  581-586;  Bond  in,  586. 

CHAPTER  XXII. — Exemptions  from  Attachment  and  Execution  in  all  States 
and  Territories,  and  Canada,  etc.,  588-630;  General  Rule  and  Form  of  Ac- 
knowledgment, 630;  Limitation  of  Actions,  633;  Interest  in  States,  etc., 
633. 

CHAPTER  XXIII.— Deeds,  Mortgages,  Liens,  and  Rights  of  Married  Women 

in  all  Territories  of  the  United  States,  625-633. 
CHAPTER  XXIV.— Fraudulent  Conveyances,  Contracts,  Agency,  etc.,  634. 
CHAPTER  XXV.— Laws  of  Temperance  and  Intemperance  Illustrated,    638- 

643;  Suggestions  to  Young  Advocates,  and  all  persons,  642-657. 


THE  READY  LAWYER. 


CHAPTER  I. 


Introduction. 

Justinian,  the  Roman  law-giver,  in  defining  the  highest  duty  of 
man  to  man,  said,  *'  The  perfection'of  Imman  duty  is  :  To  do  good 
to  all  men;  to  injure  none;  and  to  render  to  every  man  his  just 
dues."  Confucius,  the  Chinese  philosopher,  and  the  grandest  man 
of  liis  age,  who  lived  about  eight  hundred  years  before  the  Chris- 
tian era,  expressed  kindred  sentiments,  in  a  different  form,  when 
he  laid  down  as  a  guide  for  his  followers  the  following  negative 
rule:  "Whatsoever  ye  would  7iot  that  others  should  do  unto  you, 
that  do  ye  not  unto  them." 

But  it  was  left  to  a  young  Jew,  whose  pure  life,  character,  and 
teachings  have  won  for  him  the  name  "Divine  Law-giver"  among 
all  Christian  people,  and  who  was  the  original  of  the  Christian 
religion,  to  give  affirmative  expression  to  this  noblest  law  of  human 
action,  in  a  form  now  called  by  all  men  : 

The  Golden  Rule. 

"  Whatsoever  ye  would  that  others  should  do  unto  you,  do  ye 
even  so  unto  them,"  which  might  be  rendered  in  the  language  of 
the  present  day  : 

"Do  to  others,  and  think  of  others,  as  you  wish  them  to  do  to, 
and  to  think  of,  you." 

If  all  men  made    the  Golden  Rule  the  guide  of  their  action 

through  life,  there  would  be  but  slight  need  for  human  laws  ;  but 

the  human  race,  coming  up  as  it  has  from  the  depths  of  animal 

life  and  barbarism  to  its  present  planes  of  civilization  and  enlighten- 

1 


2  INTKODUCTION, 

rnent,  must  be  taken  as  it  is  found,  and  not  as  it  ouglit  to  be;  and, 
taken  as  it  is,  laws  and  forms  of  law  are  found  necessary  among 
men,  for  the  protection  and  guidance  of  the  good  and  well  dis- 
posed, and  for  the  control  and  punishment  of  the  vicious  and  those 
who  are  disposed  to  evil. 

In  the  early  history  of  the  human  race  ,laws  were  few  and  crude, 
because  the  race  then  consisted  of  families,  and  small  communities 
or  tribes  only,  the  members  of  \diich  yielded  willing  allegiance  to 
the  patriarch  of  the  family,  the  head  of  the  community,  or  the 
chief  of  the  tribe,  and  cheerfully  adopted  the  will  of  their  leader  as 
the  rule  of  their  action;  but  as  those  families,  communities  and 
tribes  increased  in   numbers,  and  their   interests    conflicted,   or 
blended,  the  abler  and  stronger  minds  among  them  felt  the  neces- 
sity of  regulating  public  human  action  by  fixed  laws,  rather  than 
by  the  fluctuating  whims  of  a  single  individual  of  the  race,  and 
thus  unite  the  people  who  spoke  one  language,  under  one  common 
and  stable  government;  and  thus  constitutute  the  people  into  a 
nation.    As  the  people  increased  in  numbers  and  intelligence,  their 
interests  became  diversified,  and  laws,  and  forms  of  law,  conforming 
to  the  changed  condition  and  interests  of  the  people  became  neces- 
sary; and  thus,  from  the  earliest  history  of  the  human  family,  and 
thence  along  down  the  centuries  of  the  ages  past,  as  the  human  in- 
tellect has  developed,  knowledge  increased,  and  the  wants  and 
interests  of  men  have  presented  new  phases,  new  laws  have  been 
needed,    demanded,  and  adopted,   conforming  to  man's  changed 
condition,  and  to  his  intellectual  progress  until  the  present  day, 
when  the  world   sees,   in  the  example  of  the  most  enlightened 
nations  of  the  earth,  the  most  liberal,  comprehensive  and  elevating 
laws  which  have  ever  graced  the  world's  historical  page;  and  it  is 
worthy  of  special  note,  that  the  nation  which  has  the  freest,  most 
liberal  and  beneficent  laws  is   pre-eminent  for  its   progress  and 
enlightenment  among  all  the  nations  of  the  earth. 

But  many  laws  which  are  in  force  at  the  present  day,  in  some 
form,  have  been  in  existence  so  long  that  their  very  origin  in  past 
ages  is  unknown,  and,  in  the  quaint  language  of  a  former  age, 
"the  memory  of  man  runneth  not  to  the  contrary;"  yet  all  along 
down  the  course  of  the  centuries  past,  their  utility  has  been  recog- 
nized, and  they  have  been  treasured  and  cherished  by  all  good  men 
as  correct  guides  for  human  action.  Many  of  these  laws,  some- 
times under  new  guises,  have  been  gathered  together  in  the  form 
of  decisions  of  the  highest  courts,  and  are  preserved  among  the 


THE    DECLARATION   OF   INDEPENDENCE.  3 

customs  of  the  people,  and  recognized  as  the  common  law  of  the 
land;  and  to  them  all  good  citizens  yield  a  cheerful  obedience,  and 
are  everreadj'  to  maintain  them  and  aid  in  their  enforcement. 

Such  shonld  ever  be  the  pleasurable  duty  of  a  citizen  under  a 
liberai  and  free  G-overnment  like  ours;  while  to  sustain  every  good 
and  equitable  statute  law,  and  to  demand  the  repeal  of  every  unjust 
and  oppressive  one,  is  and  should  be  the  unswerving  will  and  duty 
of  every  American  citizen. 

The  most  notable  and  grand  example  of  leading  minds  among 
the  people  who  have  broken  loose  from  the  despotic  whims  and 
chimeras  of  the  tyrant  who  had  governed  them,  and  who,  by  their 
patriotism  and  determined  will  and  action,  seized  upon  and  estab- 
lislied,  and  gave  to  their  compatriots  and.  to  their  succeeding 
generations,  a  Government  of  fixed  and  free  principles,  in  place  of 
the  capricious  will  of  an  individual,  is  seen  in  the  immortal  decla- 
ration of  facts  and  principles  presented  to  the  world  by  the  founders 
of  our  own  free  Government,  and  in  the  Constitution  which  our 
fathers  adopted  as  the  fundamental  rule  of  action  of  a  free  people, 
and  which,  with  a  few  exceptions,  has  been  recognized  by  all  good 
men  for  more  than  a  century  past,  as  the  most  noble  and  elevated 
declaration  of  the  right  of  the  human  race  to  oppose  and  effectually 
resist  oppression  and  tyranny,  and  the  most  perfect  Constitution  for 
the  government  of  great  numbers  of  thinking  and  free  people, 
which  have  exer  been  produced  by  the  most  perfect  of  human  in- 
tellects. These  magnificent  and  world-renowned  productions 
should  be  treasured  and  studied  by  every  American,  man  and 
woman,  boy  and  girl,  in  the  nation,  and  they  are  presented  first 
among  these  chapters,  because  they  are,  and  should  be  considered, 
first  among  the  declaration  of  principles,  and  first  among  the  laws, 
governing  all  Americans. 


THE  DECLARATION  OF  INDEPENDENCE. 

A  Dedarainon  by    the  Representatives  of  the    United  States  of 
America,  in  Congress  assembled,  July  4:th,  1776. 

When,  in  the  course  of  human  events,  it  becomes  necessary  for 
one  people  to  dissolve  the  political  bands  which  have  connected 
them  with  another,  and  to  assume,  among  the  powers  of  the  earth, 
the  separate  and  equal  station  to  which  the  laws  of  nature  and  of 
nature's  God  entitle  them,  a  decent  respect  to  the  opinions  of  man- 


4  THE    DECLAEATION   OF    INDEPENDENCE. 

kind  requires  that  they  should   declare  the  causes  which  impel 
them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unal- 
ienable rights;  that  among  these  are  life,  liberty  and  the  pursuit  of 
happiness.  That,  to  secure  these  rights,  governments  are  insti- 
tuted among  men,  deriving  their  just  powers  from  the  consent  of 
the  governed  ;  that,  whenever  any  form  of  government  becomes 
destructive  of  these  ends,  it  is  the  right  of  the  people  to  alter  or 
to  abolish  it,  and  to  institute  a  new  government,  laying  its  founda- 
tion on  such  principles,  and  organizing  its  powers  in  such  form,  as 
to  them  shall  seem  most  likely  to  effect  their  safety  and  happiness. 
Prudence,  indeed,  will  dictate  that  governments  long  established, 
should  not  be  changed  for  light  and  transient  causes  ;  and,  accord- 
ingly, all  experience  hath  shown,  that  mankind  are  more  disposed 
to  suffer,  while  evils  are  sufferable,  than  to  right  themselves  by 
abolishing  the  forms  to  which  they  are  accustomed.  But,  when 
a  long  train  of  abuses  and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them  under  absolute  des- 
potism, it  is  their  right,  it  is'their  duty,  to  throw  off  such  govern, 
raent,  and  to  provide  new  guards  for  their  future  security.  Such 
has  been  the  patient  sufierance  of  these  colonies,  and  such  is  now 
the  necessity  which  constrains  them  to  alter  their  former  systems 
of  government.  The  history  of  the  present  king  of  Great  Britain 
is  a  history  of  repeated  injuries  and  usurpations,  all  having,  in 
direct  object,  the  establishment  of  an  absolute  tyranny  over  these 
etates.     To  prove  this,  let  facts  be  submitted  to  a  candid  world: — 

Pie  has  refused  his  assent  to  laws  the  most  wholesome  and  neces- 
sary for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his 
assent  should  be  obtained;  and,  when  so  suspended,  he  has  utterly 
neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right 
of  representation  in  the  Legislature  ;  a  right  inestimable  to  them, 
and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  un- 
conrfortablc,  and  distant  from  the  depository  of  their  public  rec- 
ords, for  the  sole  purpose  of  fatiguing  them  in^o  compliance  with 
his  measures. 


THE  DECLARATION  OF  INDEPENDENCEi  5 

He  has  dissolved  representative  houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected  ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exer- 
cise; the  State  remaining,  in  the  meantime,  exposed  to  all  the 
danger  of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States;  for 
that  purpose,  obstructing  the  laws  for  naturalization  of  foreigners; 
refusing  to  pass  others  to  encourage  their  migration  hither,  and 
raising  the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure 
of  their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  eat  out  their  sub- 
'  stance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  with- 
out the  consent  of  our  Legislature. 

He  has  affected  to  render  the  military,  independent  of,  and  su- 
perior to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction 
foreign  to  our  Constitution,  and  unacknowleged  by  our  laws;  giv- 
ing his  assent  to  their  acts  of  pretended  legislation; 

For  quartering  large  bodies  of  armed  troops  among  us: 

For  protecting  them,  by  a  mock  trial,  from  punishment,  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these 
States : 

For  cutting  off  our  trade  with  all  parts  of  the  world: 

For  imposing  taxes  on  us  without  our  consent: 

For  depri\'ing  us,  in  many  cases,  of  the  benefits  of  trial  by  jury: 

For  transporting  us  beyond  seas,  to  be  tried  for  pretended  of- 
fenses: 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  en- 
larging its  boundaries,  so  as  to  render  it  at  once  an  example  and 
fit  instrument  for  introducing  the  same  absolute  rule  into  these 
colonies: 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws* 
and  altering,  fundamentally,  the  powers  of  our  governments: 


b  THE  DECLAEATION  OF  INDEPENDENCE. 

For  suspending  our  own  Legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  merce- 
naries to  complete  the  works  of  death,  desolation  and  tyranny, 
already  begun,  with  circumstances  of  cruelty  and  perfidy  scarcely 
paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  execu- 
tioners of  their  friends  and  brethren,  or  to  fall  themselves  by  their 
hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers,  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction,  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  re- 
dress, in  the  most  humble  terms;  our  repeated  petitions  have  been 
answered  only  by  repeated  injury.  A  prince,  whose  character  is 
thus  marked  by  every  act  which  may  define  a  tyrant,  is  unfit  to  be 
the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  attempts  made  by 
their  Legislature  to  extend  an  unwarrantable  jurisdiction  over  us. 
We  have  reminded  them  of  the  circumstances  of  our  emigration 
and  settlement  here.  We  have  appealed  to  their  native  justice  and 
magnanimity,  and  we  have  conjured  them,  by  the  ties  of  our  com- 
mon kindred,  to  disavow  these  usurpations,  which  would  inevita- 
bly interrupt  our  connections  and  correspondence.  They,  too, 
have  been  deaf  to  the  voice  of  justice  and  consanguinity.  We 
must,  therefore,  acquiesce  in  the  necessity,  which  denounces  our 
separation,  and  hold  them,  as  we  hold  the  rest  of  mankind,  en- 
emies in  war,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States  of  Amer- 
ica, in  general  Congress  assembled,  appealing  to  the  Supreme 
Judge  of  the  world  for  the  rectitude  of  our  intentions,  do,  in  the 
name,  and  by  the  authority  of  the  good  people  of  these  colonies, 
solemnly  publish  and  declare,  that  these  United  Colonies  are,  and 


THE   DECLARATION   OF   INDEPENDENCE.  7 

of  right  ought  to  be,  free  and  independent  States;  that  they  are 
absolved  from  all  allegiance  to  the  British  crown,  and  that  all  po- 
litical connection  between  them  and  the  state  of  Great  Britain  is, 
and  ought  to  be,  totally  dissolved;  and  that,  as  free  and  independ- 
ent States,  they  have  full  power  to  levy  war,  conclude  peace,  con- 
tract alliances,  establish  commerce,  and  to  do  all  other  acts  and 
things  which  independent  States  may  of  right  do.  And,  for  the 
support  of  this  declaration,  with  a  firm  reliance  on  the  protection 
of  Divine  Providence,  we  mutually  pledge  to  each  other,  our  lives, 
our  fortunes,  and  our  sacred  honor. 

The  foregoing  declaration  was,  by  order  of  Congress,  engrossed, 
and  signed  by  the  following  members  : 

JOHN  HANCOCK. 


New  Hampshire. 

Josiah  Bartlelt, 
WiUiam  Whipple, 
Matthew  Thornton. 

Massachusetts  Bay. 
Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

Rhode  Island. 
Stephen  Hopkins, 
William  Ellery. 

Connecticut. 
Roger  Sherman, 
Samuel  Huntington, 
William  Williams, 
Oliver  Wolcott- 

New  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 


New  Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 

Pennsylvania. 
Robert  MoiTis, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
James  V/ilson, 
George  Ross. 

Delaware. 
CfEsar  Rodney, 
George  Read, 
Thomas  M'Kean. 

Maryland. 
Samuel  Chase, 
William  Paca, 
Thomas  Stone, 


Charles  Carroll,  of  Carroll- 
ton. 

Virginia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jelferson, 
Benjamin  Harrison, 
Thomas  Nelson,  Jun., 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

NortTi  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 
Edward  Rutlege, 
Thomas  Heyward,  Jun., 
Thomas  Lynch,  Jun., 
Arthur  Middleton. 

.Georgia. 
Button  Gwinnett, 
Lyman  Hall. 
George  Walton. 


CHAPTER  II- 

The  Constitution  of  any  State  is  the  supreme  law  of  such  State; 
and  is  supposed  to  be  the  embodiment  of  the  wisdom,  the  desires 
and  the  supreme  will,  of  the  good  people  of  such  State;  and  all 
persons  within  the  State  are  bound  in  law,  and  in  good  conscience, 
to  maintain  its  provisions;  while  all  of  its  officers^  acting  by  virtue 
of  the  authority  of  such  State,  are  sworn  to  do  so.  It  is  believed 
by  the  wisest  men,  that  a  strict  construction  and  enforcement  of 
the  provisions  of  such  Constitution,  under  all  circumstances,  and 
at  all  times,  will  result  in  the  complete  protection  of  the  people 
who  have  adopted  such  Constitution,  from  all  great  public  wrongs, 
and  from  the  encroachment  of  tyranny  and  oppression ;  and  tliae 
if  wrongs  can  be,  or  are,  perpetrated  under  the  Constitution,  the 
people  will  so  amend  it  as  to  prohibit  the  accomplishment,  or 
continuance,  of  any  public  wrongs  by  their  servants,  or  ofScers, 
under  it.  The  Constitution  of  any  State  bears  a  like  relation  to 
the  people  of  such  State,  as  the  Constitution  of  the  United  States 
bears  to  the  people  of  the  entire  section,  which,  with  its  amend- 
ments, is  as  follows: 

THE   CONSTITUTION  OF  THE  UNITED   STATES    WITH 
THE  AMENDMENTS. 

[compared  -with  the  original  in  the  department  of  state, 
and  found  to  be  cokkect.] 

We  the  People  of  the  United  States,  in  order  to  form  a  more 
perfect  Union,  establish  Justice,  insure  domestic  Tranquility, 
provide  for  the  common  defence,  promote  the  general  Welfare, 
and  secure  the  Blessings  of  Liberty  to  ourselves  and  our  Posterity, 
do  ordain  and  establish  this  Constituiion  for  the  United  States 
of  America. 

ARTICLE  I. 

Section  1.     All   legislative    Powers    herein  granted   shall   be 

vested  in  a  Congress  of  the  United  States,  which  shall  consist  of  a 

Senate  and  House  of  Representatives. 

(8) 


COFSTITUTION   OF    THE    UNITED    STATES.  3 

Section  2.  The  House  of  Representatives  shall  be  composed 
of  Members  chosen  every  second  Year  by  the  People  of  the  sev- 
eral States,  and  the  Electors  in  each  State  shall  have  the  Qualifi- 
cations requisite  for  Electors  of  the  most  numerous  Branch  of 
the  State  Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  Age  of  twenty-five  Years,  and  been  seven  Years  a  Citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an  Inhabi- 
tant of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union, 
according  to  their  respective  Numbers,  which  shall  be  determined 
by  adding  to  the  whole  Number  of  free  Persons,  including  those 
bound  to  Service  for  a  Term  of  Years,  and  excluding  Indians  not 
taxed,  three  fifths  of  all  other  Persons.  -  The  actual  Enumeration 
shall  be  made  within  three  Years  after  the  first  Meeting  of  the 
Congress  of  tlie  United  States,  and  within  every  subsequent  Term 
of  ten  Years,  in  such  Manner  as  they  shall  by  Law  direct.  The 
Number  of  Representatives  shall  not  exceed  one  for  every  thirty 
Thousand,  but  each  State  shall  have  at  Least  one  Representative; 
and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  chuse  three,  Massachusetts  eight, 
Rhode-Island  and  Providence  Plantations  one,  Connecticut  five, 
New  York  six,  New  Jersey  four,  Pennsylvania  eight,  Delaware 
one,  Maryland  six,  Virginia  ten.  North  Carolina  five.  South  Caro- 
lina five,  and  Georgia  three. 

When  vacancies  happen  in  the  Representation  from  any  State, 
the  Executive  Authority  thereof  shall  issue  Writs  of  Election  to  fill 
such  Vacancies. 

The  House  of  Representatives  shall  chuse  their  Speaker  and 
other  Ofiicers;  and  shall  have  the  sole  Power  of  Impeachment. 

Section  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  Legislature 
thereof,  for  six  Years;  and  each  Senator  shall  have  one  Vote. 

Immediately  after  they  shall  be  assembled  in  Consequence  of 
the  first  Election,  they  shall  be  divided  as  equally  as  may  be  into 
three  Classes.  The  Seats  of  the  Senators  of  the  first  Class  shall  be 
vacated  at  the  Expiration  of  the  second  Year,  of  the  second  Class 
at  the  Expiration  of  the  fourth  Year,  and  of  the  third  Class  at 
the  Expiration  of  the  sixth  Year,  so  that  one  third  may  be 
chosen  every  second  Year;  and  if  Vacancies  happen   by  Resigna- 


10  CONSTITUTION    OF   THE    UNITED    STATES. 

tion,  or  otherwise,  during  the  Recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  temporary  Appointments 
until  the  next  Meeting  of  the  Legislature,  which  shall  then  fill 
such  Vacancies. 

No  Person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
Age  of  thirty  Years,  and  been  nine  Years  a  Citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  Lihabitant  of  that 
State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  Yote,  unless  they  be  equally  divided. 

The  Senate  shall  chuse  their  other  Officers,  and  also  a  President 
pro  tempore,  in  the  Absence  of  the  Vice  President,  or  when  he  shall 
exercise  the  Office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeachments. 
When  sitting  for  that  Purpose,  they  shall  be  on  Oath  or  Affirma- 
tion. When  the  President  of  the  United  States  is  tried,  the  Chiet 
Justice  shall  preside:  And  no  Person  shall  be  convicted  withouf 
the  Concurrence  of  two  thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment,  shall  not  extend  further 
than  to  removal  from  Office,  and  disqualification  to  hold  and  en- 
joy any  Office  of  honor,  Trust  or  Profit  under  the  United  States; 
but  the  Party  convicted  shall  nevertheless  be  liable  and  subject 
to  Indictment,  Trial,  Judgment  and  Punishment,  according  to 
Law, 

Section  4.      The  Times,  Places  and  Manner  of  holding  Elec- 
tions for  Senators  and  Representatives,  shall  be  prescribed  in  each 
State  by  the  Legislature  thereof;  but  the  Congress  may  at  any 
time  by  Law  make  or  alter  such  Regulations,  except  .as  to  the 
Places  of  chusing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Year,  and 
such  Meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  Law  appoint  a  difierent  Day. 

Section  5.  Each  House  shall  be  the  Judge  of  the  Elections, 
Returns  and  Qualifications  of  its  own  Members,  and  a  Majority 
of  each  shall  constitute  a  Quorum  to  do  Business;  but  a  smaller 
Number  may  adjourn  from  day  to  day,  and  may  be  authorized  to 
compel  the  Attendance  of  absent  Members,  in  such  Manner,  and 
under  such  Penalties  as  each  House  may  provide. 

Each  House  may  determine  the  Rules  of  its  Proceedings,  punish 
its  Members  for  disorderly  Behaviour,  and,  with  the  Concurrence 
of  two  thirds,  expel  a  Member. 


CONSTITUTION    OF   THE    UNITED    STATES.  11 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  Parts  as  may  in 
their  Judgment  require  Secrecy;  and  the  Yeas  and  jSTays  of  the 
Members  of  either  House  on  any  question  shall,  at  the  Desire  of 
one  fifth  of  those  Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Congress,  shall,  without 
the  Consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  Place  than  that  in  which  the  two  Houses  shall  be  sittino-. 

Section  6.  The  Senators  and  Representatives  shall  receive  a 
Compensation  for  their  Services,  to  be  ascertained  by  Law,  and 
paid  out  of  the  Treasury  of  the  United  States.  They  shall  in  all 
Cases,  except  Treason,  Felony  and  Breach  of  the  Peace,  be  privi- 
leged from  Arrest  during  their  Attendance  at  the  Session  of  their 
respective  Houses,  and  in  going  to  and  returning  from  the  same; 
and  for  any  Speech  or  Debate  in  either  House,  they  shall  not  be 
questioned  in  aii}^  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for  which 
he  was  elected,  be  appointed  to  any  civil  Office  under  the  Author- 
ity of  the  United  States,  which  shall  have  been  created,  or  the 
Emoluments  whereof  shall  have  been  encreased  during  such  time; 
and  no  Person  holding  any  Office  under  the  United  States,  shall 
be  a  Member  of  either  House  during  his  Continuance  in  Office. 

Section  7.  All  Bills  for  raising  Revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  or  concur 
with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  become  a  Law,  be  presented  to  the 
President  of  the  United  States;  If  he  approve  he  shall  sign  it,  but 
if  not  he  shall  return  it,  with  his  Objections  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  Objections  at 
large  on  their  Journal,  and  proceed  to  reconsider  it.  If  after  such 
Reconsideration  two  thirds  of  that  House  shall  agree  to  pass  the 
Bill,  it  shall  be  sent,  together  with  the  Objections,  to  the  other  " 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two  thirds  of  that  House,  it  shall  become  a  Law.  But  in  all 
such  Cases  the  Votes  of  both  Houses  shall  be  determined  by  yeas 
and  Nays,  and  the  Names  of  the  Persons  voting  for  and  against 
the  Bill  shall  be  entered  on  the  Journal  of  each  House  respectively. 
If  any  Bill  shall  not  be  returned  by  the  I'resident  within  ten  Days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the 
Same  shall  be  a  Law,  in  Like  Manner  as  if  he  had  signed  it,  unless 


12  CONSTITUTION    OF   THE    UNITED    STATES. 

the  Congress  by  their  Adjournment  prevent  its  Return,  in  which 
Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,  or  Vote  to  which  the  Concurrence  of 
the  Senate  and  House  of  Representatives  may  be  necessary  (except 
on  a  question  of  Adjournment)  shall  be  presented  to  the  President 
of  the  United  States;  and  before  the  Same  shall  take  Efiect,  shall 
be  approved  by  him,  or  bein^  disapproved  by  him,  shall  be  re- 
passed by  two  thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  Rules  and  Limitations  prescribed  in  the  Case  of 
a  Bill. 

Section  8.  The  Congress  shall  have  Power  To  lay  and  collect 
Taxes,  Duties,  Imposts  and  Excises,  to  pay  the  Debts  and  provide 
for  the  common  Defence  and  general  Welfare  of  the  United  States; 
but  all  Duties,  Imposts  and  Excises  shall  be  uniform  throughout 
the  United  States; 

To  borrow  Money  on  the  credit  of  the  United  States; 

To  regulate  Commerce  with  foreign  Nations,  and  among  the 
several  States,  and  with  the  Indian  Tribes ; 

To  establish  an  uniform  Rule  of  Naturalization,  and  uniform 
Laws  on  the  subject  of  Bankruptcies  throughout  the  United  States; 

To  coin  Money,  regulate  the  Yalue  thereof,  and  of  foreign  Coin, 
and  fix  the  Standard  of  Weights  and  Measures; 

To  provide  fur  the  Punishment  of  counterfeiting  the  Securities 
and  current  Coin  of  the  United  States; 

To  establish  Post  Ofiices  and  post  Roads; 

To  promote  the  Progress  of  Science  and  useful  Arts,  by  securing 
for  limited  Times  to  Authors  and  Inventors  the  exclusive  Right  to 
their  respective  Writings  and  Discoveries; 

To  constitute  Tribunals  inferior  to  the  Supreme  Court; 

To  define  and  punish  Piracies  and  Felonies  committed  on  the 
liigh  Seas,  and  offences  against  the  Law  of  Nations; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and 
make  Rules  concerning  Captures  on  Land  and  Water; 

To  raise  and  support  Armies,  but  no  Appropriation  of  Money  to 
that  Use  sluill  be  for  a  longer  Term  than  two  Years; 

To  provide  and  maintain  a  Navy; 

To  make  Rules  for  the  Government  and  Regulation  of  the  land 
and  naval  Forces; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws  of 
the  Union,  suppress  Insurrections  and  repel  Invasions; 

To  provide  for  organizing,  arming,  and  disciplining,  the  Militia, 


CONSTITUTION    OF    THE    UNITED    STATES.  13 

and  for  governing  such  Part  of  thetn  as  may  be  employed  in  the 
Service  of  the  United  Statss,  reserving  to  the  States  respectively, 
the  Appointment  of  the  Officers,  and  the  Authority  of  training  the 
Militia  according  to  the  discipline  prescribed  by  Congress; 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever,  over 
such  District  (not  exceeding  ten  Miles  square)  as  may,  by  Cession 
of  particular  States,  and  the  Acceptance  of  Congress,  become  the 
Seat  of  the  Government  of  the  United  States,  and  to  exercise  like 
Authoi'ity  over  all  Places  purchased  by  the  Consent  of  the  Legislat- 
ure of  the  State  in  which  the  Same  shall  be,  for  the  Erection  of 
Forts,  Magazines,  Arsenals,  dock- Yards,  and  other  needful  Build- 
ings;— And 

To  make  all  Laws  which  shall  be  necessary  and  proper  for  carry- 
ing into  Execution  the  foregoing  Powers,  and  all  other  Powers 
vested  by  this  Constitution  in  the  Government  of  the  United  States, 
or  in  any  Department  or  Officer  thereof. 

Section  9.  Tlie  Migration  or  Importation  of  such  Persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit,  shall 
not  be  prohibited  by  the  Congress  prior  to  the  Year  one  thousand 
eight  hundred  and  eight,  but  a  Tax  or  duty  may  be  imposed  on 
snch  Importation,  not  exceeding  ten  dollars  for  each  Person. 

The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  sus- 
pended, unless  when  in  Cases  of  Rebellion  or  Invasion  the  public 
Safety  may  require  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

No  Capitation,  or  other  direct.  Tax  shall  be  laid,  unless  in  Pro- 
portion to  the  Census  or  Enumeration  herein  before  directed  to  be 
taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  any 
State^ 

No  Preference  shall  be  given  by  any  Regulation  of  Commerce 
or  Revenue  to  the  Ports  of  one  State  over  those  of  another:  nor 
shall  Vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter, 
clear,  or  pay  Duties  in  another. 

No  Money  shall  be  drawn  from  the  Treasury,  but  in  Consequence 
of  Appropriations  made  by  Law  ;  and  a  regular  Statement  and 
Account  of  the  Receipts  and  Expenditures  of  all  public  Money 
shall  be  published  from  time  to  time. 

No  Title  of  Nobility  shall  be  granted  by  the  United  States:  And 
no  Person  holding  any  Office  of  Profit  or  Trust  under  them,  shall, 
without  the  Consent  of  the  Congress,  accept  of  any  present,  Eraolu- 


14  CONSTITUTION   OF   THE    UNITED    STATES. 

ment,  Office,  or  Title,  of  any  kind  whatever,  from  any  King,  Prince, 
or  foreii^n  State. 

Section  10.  No  State  shall  enter  into  any  Treaty,  Alliance,  or 
Confederation;  grant  Letters  of  Marque  and  Reprisal ;  coin  Money; 
emit  Bills  of  Credit;  make  any  Thing  but  gold  and  silver  Coin  a 
Tender  in  Payment  of  Debts;  pass  any  Bill  of  Attainder,  ex  post 
facto  Law,  oi-  Law  impairing  the  Obligation  of  Contracts,  or  grant 
any  Title  of  Nobility. 

No  State  shall,  without  the  Consent  of  the  Congress,  lay  any 
Imposts  or  Duties  on  Imports  or  Exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  Laws:  and  the  net 
Produce  of  all  Duties  and  Imposts,  laid  by  any  State  on  Imports  or 
Exports,  shall  be  for  the  Use  of  the  Treasury  of  the  United  States; 
and  all  such  Laws  shall  be  subject  to  the  Revision  and  Controulof 
the  Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any  Duty 
of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of  Peace,  enter 
into  any  Agreement  or  Compact  with  another  State,  or  with  a 
foreign  Power,  or  engage  in  War,  unless  actually  inv^aded,  or  in 
such  imminent  Danger  as  will  not  admit  of  delay. 

ARTICLE  11. 

Section  1.  The  executive  Power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  Office  during 
the  Term  of  four  Years,  and,  together  with  the  Vice  President, 
chosen  for  the  same  Term,  be  elected,  as  follows 

Each  State  shall  appoint,  in  such  Manner  as  the  Legislature 
thereof  may  direct,  a  Number  of  Electors,  equal  to  the  whole 
Number  of  Senators  and  Representatives  to  which  the  State  may 
be  entitled  in  the  Congress:  but  no  Senator  or  Representative,  or 
Person  holding  an  Office  of  Trust  or  Profit  under  the  United 
States,  shall  be  appointed  an  Elector. 

The  Electors  shall  meet  in  their  respective  States,  and  vote  by 
Ballot  for  two  Persons,  of  whom  one  at  least  shall  not  be  an  In- 
habitant of  the  same  State  with  themselves.  And  they  shall  make 
a  List  of  all  the  Persons  voted  for,  and  of  the  Number  of  Votes 
for  each;  which  List  they  shall  sign  and  certify,  and  transmit  sealed 
to  the  Seat  of  the  Government  of  the  United  States,  directed  to 
the  President  of  the  Senate.  The  President  of  the  Senate  shall,  in 
the  Presence  of  the  Senate  and  House  of  Representatives,  open  all 


CONSTITCTION   OF   THE    TNITED    STATES.  15" 

theCertificates,  and  the  Yotes  shall  then  be  counted.  The  Person 
having  the  greatest  Number  of  Votes  shall  be  the  President,  if  such 
Number  bea  Majority  of  the  whole  Number  of  Electors  appointed; 
and  if  there  be  more  than  one  who  have  such  Majority,  and  have 
an  equal  Number  of  Yotes,  then  the  House  of  Kepresentatives 
shall  immediately  chuse  by  Ballot  one  of  them  for  President;  and 
if  no  Person  have  a  Majority,  then  from  the  five  highest  on  the  List 
the  said  House  shall  in  like  Manner  chuse  the  President.  But  in 
chusing  the  President,  the  Yotes  shall  be  taken  by  States,  the 
Kepresentation  from  each  State  having  one  Yote;  A  quorum  for 
this  Purpose  shall  consist  of  a  Member  or  Members  from  two 
thirds  of  the  States,  and  a  Majority  of  all  the  States  shall  be  neces- 
sary to  a  Choice.  In  every  Case,  after  the  Choice  of  the  President, 
the  Person  having  the  greatest  Number  of  Yotes  of  the  Electors 
shall  be  the  Yice  President.  But  if  there  should  remain  two  or 
more  who  have  equal  Yotes,  the  Senate  shall  chuse  from  them  by 
Ballot  the  Yice  President. 

The  Congress  may  determine  the  Time  of  chusing  the  Electors, 
and  the  Day  on  which  they  shall  give  their  Yotes;  which  Day  shall 
be  the  same  throughout  the  United  States. 

No  Person  except  a  natural  born  Citizen,  or  a  Citizen  of  the 
United  States,  at  the  time  of  the  Adoption  of  this  Constitution, 
shall  be  eligible  to  the  Office  of  President;  neither  shall  any  Person 
be  eligible  to  that  Office  who  shall  not  have  attained  to  the  Age  of 
thirty  five  Years,  and  been  fourteen  Years  a  Resident  within  the 
United  States. 

In  Case  of  the  Removal  of  the  President  from  Office,  or  of  his 
Death,  Resignation,  or  Inability  to  discharge  the  Powers  and 
Duties  of  the  said  Office,  the  Same  shall  devolve  on  the  Yice  Presi- 
dent, and  the  Congress  may  by  Law  provide  for  the  Case  of  Re- 
moval, Death,  Resignation,  or  Inability,  both  of  the  President  and 
Yice  President,  declaring  what  Officer  shall  then  act  as  President, 
and  such  Officer  shall  act  accordingly,  until  the  Disability  be  re- 
moved, or  a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Services,  a 
Compensation,  which  shall  neither  be  encreased  nor  diminished 
during  the  Period  for  which  he  shall  have  been  elected,  and  he 
shall  not  receive  within  that  Period  any  other  Emolument  from 
the  United  States,  or  any  of  them. 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take  the 
following  Oath  or  Affirmation: — "  I  do  solemnly  swear  (or  affirm) 


16  CONSTITUTION   OF   THE   UNITED    STATES. 

that  I  will  faithfully  execute  the  OflBce  of  President  of  the  United 
States,  and  will  to  the  best  of  inv  Ability,  preserve,  protect  and 
defend  the  Constitution  of  the  United  States." 

Section  2.  The  President  shall  be  Commander  in  Chief  of  the 
Army  and  Navy  of  the  United  States,  and  of  the  Militia  of  the 
several  States,  when  called  into  the  actual  Service  of  the  United 
States ;  he  may  require  the  Opinion,  in  writini^,  of  the  principal 
Officer  in  each  of  the  executive  Departments,  upon  any  Subject 
relating  to  the  Duties  of  their  respective  offices,  and  he  shall  have 
Power  to  grant  Reprieves  and  Pardons  for  Offences  against  the 
United  States,  except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Consent  of 
the  Senate,  to  make  Treaties,  provided  two  thirds  of  the  Senators 
present  concur;  and  he  shall  nominate,  and  by  and  with  the  Advice 
and  Consent  of  the  Senate,  shall  appoint  Ambassadors,  other  public 
Ministers  and  Consuls,  Judges  of  the  supreme  Court,  and  all  other 
Officers  of  the  United  States,  whose  Appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  Law: 
but  the  Congress  may  by  Law  vest  the  Appointment  of  such  infe- 
rior Officers,  as  they  think  proper,  in  the  President  alone,  in  the 
Courts  of  Law,  or  in  the  Heads  of  Departments. 

The  President  shall  have  Power  to  fill  up  all  Vacancies  that 
may  happen  during  the  Recess  of  the  Senate,  by  granting  Com- 
missions which  shall  expire  at  the  End  of  their  next  Session. 

Section  3.  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  Union,  and  recommend  to  their 
Consideration  such  Measures  as  he  shall  judge  necessary  and  expe- 
dient; he  may,  on  extraordinary  Occasions,  convene  both  Houses, 
or  either  of  them,  and  in  Case  of  Disagreement  between  them, 
with  Respect  to  the  time  of  Adjournment,  lie  may  adjourn  them 
to  such  Time  as  he  shall  think  proper;  he  shall  receive  Ambassa- 
dors and  other  public  Ministers;  he  shall  take  Care  that  the  Laws 
be  faithfully  executed;  and  shall  Commission  all  the  Officers  of  the 
United  States. 

Section  4.  The  President,  Vice  President  and  all  civil  Officers 
of  the  United  States,  shall  be  removed  from  Office  on  Impeach- 
ment for,  and  Conviction  of,  Treason,  Bribery,  or  other  high 
Crimes  and  Misdemeanors. 

ARTICLE  III. 

Section  1.  The  judicial  Power  of  the  United  States,  shall  be 
vested   in  one  Supreme  Court,  and  in  such  inferior  Courts  as  the 


OONSTITL'TION    OF    THE    UNITED    STATES.  17 

Congress  may  from  time  to  time  ordain  and  establish.  The 
Judges,  both  of  the  supreme  and  inferior  Courts,  shall  hold  their 
Offices  during  good  Behavior,  and  shall,  at  stated  Times,  receive  for 
their  Service,  a  Compensation,  which  shall  not  be  diminished 
during  their  Continuance  in  Office. 

Section  2.  Tlie  judicial  Power  shall  extend  to  all  Cases,  in  Law 
and  Equity,  arising  under  this  Constitution,  the  Laws  of  the  United 
States,  and  Treaties -made,  or  which  shall  be  made,  under  their 
Authority; — to  all  Cases  affecting  Ambassadors,  other  public  Minis- 
ters and  Consuls; — to  all  Cases  of  admiralty  and  maritime  Juris- 
diction;— to  Controversies  to  which  the  United  States  shall  be  a 
Party; — to  Controversies  between  two  or  more  States; — between 
a  State  and  Citizens  of  another  State; — between  Citizens  of  differ- 
ent States; — between  Citizens  of  the  same  State  claiming  Lands 
under  Grants  of  different  States,  and  between  a  State,  or  the  Citi- 
zens thereof,  and  foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Ministers  and 
Consuls,  and  those  in  which  a  State  shall  be  Party,  the  supreme 
Court  shall  have  original  Jurisdiction.  In  all  other  Cases  before 
mentioned,  the  supreme  Court  shall  have  appellate  Jurisdiction, 
both  as  to  Law  and  Fact,  with  such  Exceptions,  and  under  such 
Regulations  as  the  Congress  shall  make. 

The  Trial  of  all  Crimes,  except  in  Cases  of  Impeachment,  shall 
be  by  Jury;  and  such  Trial  shall  be  held  in  the  State  where  the 
said  Crimes  shall  have  been  committed;  but  when  not  committed 
within  any  State,  the  Trial  shall  be  at  such  Place  or  Places  as  the 
Congress  may  by  Law  have  directed. 

Section  3.  Treason  against  the  United  States,  shall  consist 
only  in  levying  War  against  them,  or  in  adhering  to  their  Enemies, 
giving  them  Aid  and  Comfort.  N"o  Person  shall  be  convicted  of 
Treason  unless  the  Testimony  of  two  Witnesses  to  the  same  overt 
Act,  or  on  Confession  in  open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punishment  of 
Treason,  but  no  Attainder  of  Treason  shall  work  Corruption  of 
Blood,  or  Forfeiture  except  during  the  Life  of  the  Person  attainted. 

ARTICLE  IV 

Section  1.     Full  Faith  and  Credit  shall  be  given  in  each  State 
to  the  public  Acts,  Records,  and  judicial  Proceedings  of  every 
other  State.     And  the  Congress  may  by  general  Laws  prescribe  the 
2 


18  CONSTITUTION   OF   THE    UNITED   STATES. 

Manner  in  which  such  Acts,  Records  and  Proceedings  shall  be 
proved,  and  the  Eflect  thereof. 

Section  2.  The  Citizens  of  each  State  shall  be  entitled  to  all 
Privileges  and  Immunities  of  Citizens  in  the  several  States. 

A  Person  charged  in  anj  State  with  Treason,  Felony,  or  other 
Crime,  who  siiall  flee  from  Justice,  and  be  found  in  another  State, 
shall  on  Deamnd  of  the  executive  Authority  of  the  State  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  State  having  Juris- 
diction of  the  Crime. 

No  Person  held  to  Service  or  Labour  in  one  State,  under  the 
Laws  thereof,  escaping  into  another,  shall,  in  Consequence  of  any 
Law  or  Regulation  therein,  be  discharged  from  such  Service  or 
Labour,  but  shall  be  delivered  up  on  Claim  of  the  Party  to  whom 
such  Service  or  Labour  ma}^  be  due. 

Section  3.  New  States  may  be  admitted  by  the  Congress  into 
this  Union;  but  no  new  State  shall  be  formed  or  erected  within  the 
Jurisdiction  of  any  other  State;  nor  any  State  be  formed  by  the 
Junction  of  two  or  more  States,  or  Parts  of  States,  without  the 
Consent  of  the  Legislatures  of  the  States  concerned  as  well  as  of 
the  Congress. 

The  Congress  shall  have  Power  to  dispose  of  and  make  all  need- 
ful Rules  and  Regulations  respecting  the  Territory  or  other  Property 
belonging  ta  th"e  United  States;  and  nothing  in  this  Constitution 
shall  be  so  construed  as  to  Prejudice  any  Claims  of  the  United 
States,  or  of  any  particular  State. 

Section  4,  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  Republican  Form  of  Government,  and  shall  protect 
each  of  them  against  Invasion;  and  on  Application  of  the  Legislat- 
ure, or  of  the  Executive  (when  the  Legislature  cannot  be  convened) 
against  domestic  Violence. 

ARTICLE  Y. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  Amendments  to  this  Constitution,  or,  on 
the  Application  of  the  Legislatures  of  two  thirds  of  the  several 
States,  shall  call  a  Convention  for  proposing  Amendments,  which, 
in  either  Case,  shall  be  valid  to  all  Intents  and  Purposes,  as  Part 
of  this  Constitution,  when  ratified  by  the  Legislatures  of  three 
fourths  of  the  several  States,  or  by  Conventions  in  three  fourths 
thereof,  as  the  one  or  the  other  Mode  of  Ratification  may  be 
proposed  by  the  Congress;  Provided  that  no  Amendment  which 


CONSTITUTIOX    OF   THE    UNITED    STATES.'  19 

may  be  made  prior  to  the  Year  One  thousand  eight  hundred  and 
eight  shall  in  any  Manner  affect  the  first  and  fourth  Clauses  in  the 
Ninth  Section  of  the  first  Article;  and  that  no  State,  without  its 
Consent,  shall  be  deprived  of  its  equal  Suftrage  in  the  Senate. 

ARTICLE  YI. 

All  Debts  contracted  and  Engagements  entered  into,  before  the 
Adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation. 

This  Constitution,  and  the  Laws  of  the  United  States  which  shall 
be  made  in  Pursuance  thereof;  and  all  Treaties  made,  or  which 
shall  be  made,  under  the  Authority  of  the  United  States,  shall  be 
the  supreme  Law  of  the  Land;  and  the  Judges  in  every  State  shall 
be  bound  thereby,  any  Thing  in  the  Constitution  or  Laws  of  any 
State  to  the  Contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the 
Members  of  the  several  State  Legislatures,  and  all  executive  and 
judicial  Ofiicers,  both  of  the  United.  States  and  of  the  several 
States,  shall  be  bound  by  Oath  or  Affirmation,  to  support  this 
Constitution;  but  no  religious  Test  shall  ever  be  required  as  a 
Qualification  to  any  Office  or  public  Trust  under  the  United  States. 

ARTICLE  VII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be  suffi- 
cient for  the  Establishment  of  this  Constitution  between  the  States 
so  ratifying  the  Same. 

Done  in  Convention  by  the  Unanimous  Consent  of  the  States 
present  the  Seventeenth  Day  of  September  in  the  Year  of  our 
Lord  one  thousand  seven  hundred  and  Eighty  seven  and  of  the 
Independence  of  the  United  States  of  America  the  Twelfth 
In  Witness   whereof   We    have   hereunto   subscribed   our 

G":  WASHINGTON— 
Presidt.  and  deputy  from  Yirginia 

New  Hampshwe i  J?«^  Langdon        ) 

^  .  I  Nicholas  Gilman  ) 

Massachusetts \  ^athaniel  Gorham 

(  RuFus  King 

Connecticut i  S"'"'  ^t^'^'  J'^^^^^^ 

*  I  Rogek  Sherman 


Pensylvania 


20  CONSTirUTION    OF   THE    UNITED    STATES. 

New  York Alexander  Hamilton 

f  Wil:  Livingston 
,_        .  I  David  Bbearley 

New  Jersey ^  y^^^   Paterson 

[Jona:  Dayton 

B  Franklin, 
Thomas  Mifflin 
Robt.  Morris 
Geo.  Clymer 
Thos.  Fitzsimons 
Jared  Ingersoll 
James  Wilson 
^  Gouv  Morris 

TGeo:  Read 

I  Gunning  Bedford  Jun 

Delaware A  John  Dickinson 

I  Richard  Bassett 
(^  Jaco:  Broom 

{James  McHenry 
Dan  of  St.  Thos.  Jenifer 
Danl.  Carroll 

„.     .    .  (  John  Blair — 

y'^g^i^'^<^ I  James  Madison  Jr. 

{Wm.  Blount 
RiCHD.  DoBBs  Spaight 
Hu  Williamson  . 

J.  Rutledge 

Charles  Cotesworth  Pinckney 

Charles  Pinckney 

Pierce  Butler. 

^         .  {  William  Few 

(^<^orgta -j  ^^^^  Baldwin 

*Attest  WILLIAM  JACKS0:N^  Secretary 

The  Word,  "the,"  being  interlined  between  the  seventh  and 
eight  Lines  of  the  first  Page,  The  Word  "  Thirty  "  being  partly 
written  on  an  Erazure  in  the  fifteenth  Line  of  the  first  Page,  The 
Words  "is  tried  "  being  interlined  between  the  thirty-second  and 
thirty-third  Lines  of  the  first  Page  and  the  Word  "  the  "  being 
interlined  between  the  forty-third  and  forty-fourth  Lines  of  the 
second  Page. 

*The  capitalization  and  the  quaint  ortho.craphy  of  the  original  copy  of  the 
Constitution,  as  it  was  inritten  100  years  ago,  have  been  retained  in  the  foregoing. 
Let  other  hands  than  mine  change  a  letter  of  the  sacred  document. 


South  Carolina. 


CONSTITUTIOX     OF   THE    UNITED    STATES.'  21 

[Note  BY  the  Department  of  State. — The  foregoing  explanation 
in  the  original  instrument  is  placed  on  the  left  of  the  paragraph 
beginning  with  the  words,  *'Done  in  Convention,"  and  therefore 
precedes  the  signatures.  The  interlined  and  re-written  words, 
mentioned  in  it,  are  in  this  edition  printed  in  their  proper  places 
in  the  text.] 

ARTICLES 

IN  ADDITION  TO,  AND  AMENDMENT  OF  THE  CONSTITUTION  OF  THE    UNITED 

STATES  OF  AMERICA,  PROPOSED  BY  CONGRESS,  AND  RATIFIED  BY 

THE  LBGISLATURES  OF  THE  SEVERAL  STATES,  PURSUANT  TO 

THE  FIFTH  ARTICLE  OF  THE  ORIGINAL  CONSTITUTION.  , 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an '  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging  the 
freedom  of  speech,  or  of  the  press;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  Government  for  a  redress 
of  grievances. 

ARTICLE  II. 

A  well-regulated  Militia,  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  Arms,  shall 
not  be  infringed. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house, 
without  the  consent  of  the  Owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  Warrants  shall  issue,  but  upon 
probable  cause,  supported  by  Oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things  to 
be  seized. 

ARTICLE  Y. 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  G-rand 
Jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 


2Z  CONSTITUTION    OF    THE    UNITED    STATES. 

Militia,  when  in  actual  service  in  time  of  War  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  offence  to  be  twice 
put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 
Criminal  Case  to  be  a  witness  against  himself,  nor  be  deprived  of 
life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use,  without  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and 
district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation ;  to  be  confronted 
with  the  witnesses  against  him;  to  have  compulsory  process  for 
obtaining  Witnesses  in  his  favor,  and  to  have  the  Assistance  of 
Counsel  for  his  defence. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved, 
and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any 
Court  of  the  United  States,  than  according  to  the  rules  of  the  com- 
mon law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  lines  imposed, 
nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X. 

Tlie  powers  not  delegated  to  the  [Jnited  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people. 

ARTICLE  XL 

The  Judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted 


CONSTITUTION   OF   THE    UNITED    STATES.  23 

against  one  of  the  United  States  by  Citizens  of  another  State,  or  by 
Citizens  or  Subjects  of  any  Foreign  State. 

ARTICLE  XII. 

The  Electors  shall  meet  in  their  respective  states,  and  vote  by 
ballot  for  President  and  Vice-President,  one  of  whom,  at  least, 
shall  not  be  an  inhabitant  of  the  same  state  with  themselves;  they 
shall  name  in  their  ballots  the  person  voted  for  as  President,  and 
in  distinct  ballots  the  person  voted  for  as  Vice-President,  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  President,  and 
of  all  persons  voted  for  as  Vice-President,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  tlie  seat  of  the  government  of  the  United  States, 
directed  to  the  President  of  the  Senate.  The  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Represen- 
tatives, open  all  the  certificates  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  for  President, 
shall  be  the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed;  and  if  no  person  have  such  majority, 
then  from  the  persons  having  the  highest  numbers  not  exceeding 
three  on  the  list  of  those  voted  for  as  President,  the  House  of 
Representatives  shall  ciioose  immediately,  by  ballot,  the  President. 
But  in  choosing  the  President,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote;  a  quorum  for 
this  purpose  shall  consist  of  a  member  or  members  from  two  thirds 
of  the  states,  and  a  majority  of  all  the  states  shall  be  necessary  to 
a  choice.  And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,  as  in  ^the  case  of  the  death  or 
other  constitutional  disability  of  the  President.  The  person  hav- 
ing the  greatest  number  of  votes  as  Vice-President,  shall  be  the 
Vice  President,  if  such  number  be  a  majority  of  the  whole  number 
of  Electors  appointed,  and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall  choose  the 
Vice-President;  a  quorum  for  the  purpose  shall  consist  of  two-thirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice.  But  no  person  eonstitu" 
tionally  ineligible  to  the  office  of  President  shall  be  eligible  to  that 
of  Vice-President  of  the  United  States. 


24  CONSTITUTION    OF   THE   UNITED    STATES. 

ARTICLE  XIII. 

Section  1.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place  sub- 
ject to  their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

ARTICLE  XIY. 

Section  1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  State  wherein  they  reside.  No  State  shall  make 
or  enforce  any  law  which  shall  abridge  the  privileges  or  immuni- 
ties of  citizens  of  the  United  States;  nor  shall  any  State  deprive 
any  person  of  life,  liberty,  or  property,  without  due  process  of  law; 
nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection 
of  the  laws. 

Section  2.  Representatives  shall  be  apportioned  among  the 
several  States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  exchiding  Indians  not 
taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice  of 
electors  for  President  and  Yice-President  of  the  United  States, 
Representatives  in  Congress,  the  Executive  and  Judicial  officers  of 
a  State,  or  the  members  of  the  Legislature  thereof,  is  denied  to 
any  of  the  male  inhabitants  of  such  State,  being  twenty-one  years 
of  age,  and  citizens  of  the  United  States,  or  in  any  way  abridged, 
except  for  participation  in  rebellion,  or  other  crime,  the  basis  of 
representation  therein  shall  be  reduced  in  the  proportion  which 
the  number  of  such  male  citizens  shall  bear  to  the  whole  number 
of  male  citizens  twenty-one  years  of  age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Representative  in 
Congre-^s,  or  elector  of  President  and  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any 
State,  who,  having  previously  taken  an  oath,  as  a  member  of  Con- 
gress, or  as  an  officer  of  the  United  States,  or  as  a  member  of  any 
State  Legislature,  or  as  an  executive  or  judicial  officer  of  any  State, 
to  support  the  Constitution  of  tlie  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given 
aid  or  comfort  to  the  enemies  thereof.  But  Congress  may,  by  a 
vote  of  two  thirds  of  each  House,  remove  such  disabilitv. 


PRESIDENTS      OF   THE    UNITED    STATES;  25 

Section  4.  The  validity  of  the  public  debt  of  the  United  States 
authorized  by  law,  including  debts  incurred  for  payment  of  pensions 
and  bounties  for  services  in  suppressing  insurrection  or  rebellion, 
shall  not  be  questioned.  But  neither  the  United  States  nor  any 
State  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid  of 
insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave;  but  all  such  debts,  obli- 
gations and  claims  shall  be  held  illegal  and  void. 

Section  5.  The  Congress  shall  have  power  to  enforce,  by  a]>- 
propriate  legislation,  the  provisions  of  this  article. 

ARTICLE  XV. 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by  any 
State  on  account  of  race,  color,  or  previous  condition  of  servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


Names  and  Terms  of  Office  of  the  Presidents  of  the  United 
States  of  America. 

FIRST   PRESIDENT. 

.  [Date— 1789.] 

GENERAL  GEORGE  WASHINGTON.— [First  Term.] 
General  George  Washington,  "The  Father  of  his  Country," 
was  born  Feb.  22,  1732,  of  English  lineage,  in  the  British  colony 
of  Virginia,  and  received  a  common  education  became  a  surveyor 
and  then  a  soldier.  He  was  a  Federalist,  and  was  first  elected 
President  under  Articles  of  Confederation  adopted  by  the  original 
States,  and  received  sixcy-nine  votes,  or  the  unanimous  votes  of 
the  ten  States  which  had  adopted  the  Articles  of  Confederation. 
The  States  of  New  York,  North  Carolina  and  Rhode  Island  not 
being  then  qualified,  did  not  vote. 

John  Adams,  of  Massachusetts,  became  Vice-President  under 
him. 

Washington  died  Dec.  14,  1799.  He  has  ever  been  recognized, 
iu  the  words  of  Henry  Lee,  as  "First  in  War,  first  in  Peace, 
and  first  in  the  hearts  of  his  countrvmen." 


26  PRESIDENTS    OF   THE    UNITED    STATES. 

[Date— 1792.] 

George  Washington. — [Second  term.] 

Gen.  George  Washington  (Federalist),  of  Virginia,  received 
132  votes,  being  the  unanimous  votes  of  all  the  States,  which,  at 
the  time  of  his  second  election,  were  fifteen  in  number. 

John  Adams,  of  Massachusetts,  again  became  Vice-President. 

During  Washington'-s  second  administration  the  Federalist 
party,  under  the  leadership  of  Alexander  Hamilton,  and  the 
Republican,  afterward  called  the  Democratic  party,  under  the 
generalship  of  Thomas  Jefferson,  were  fully  organized,  and  party 
lines  were  drawn. 

SECOND  PRESIDENT. 

[Date— 1796.] 

JOHN  ADAMS  (Federalist),  of  Massachusetts,  received  sev- 
enty one  votes  and  became  President.  Thomas  Jefferson  (Repub- 
lican or  Democrat),  of  Virginia,  received  sixty-eight  votes  and 
became  Vice-President. 

Adams  was  of  English  descent,  and  was  born  in  the  British 
colony  of  Massachusetts  Bay  in  1735.  He  had  a  collegiate  edu- 
cation and  was  a  lawyer  by  profession.  He  died  on  the  fourth 
day  of  July,  1826. 

THIRD  PRESIDENT. 

[Date— 1800.] 

THOMAS  JEFFERSON.— [First  term.] 

Thomas  Jefferson  (Republican  or  Democrat),  of  Virginia, 
received  seventy-five  votes. 

John  Adams  (Federalist),  of  Massachusetts,  received  sixty-five 
votes. 

At  this  election  a  tie  occurred  between  Jefferson  and  Aaron 
Burr  for  President,  which,  under  the  law  then  in  force,  threw  the 
election  into  the  House  of  Representatives,  where,  after  balloting 
from  Feb.  11  to  17,  on  the  thirtieth  ballot  Jefferson  was  elected 
President,  and  Aaron  Burr,  of  New  York,  became  Vice-President. 

Thomas  Jefferson  was  born  in  the  British  colony  of  Virginia 
in  1743.  JIc  was  of  Welsh  descent,  had  a  collegiate  education 
and  was  a  lawyer  V)y  profession.  He  was  the  author  of  the  "  Dec- 
laration of  Independence,"  the  noblest  document  ever  penned  by 
man. 

He  died  on  July  4,  1826. 


PRESIDKNTS    OF    THE    UNITED    STATES.  27 

[Date— 1804.] 

Thomas  Jefferson. — [Second  term.] 

Thomas  Jefferson  (Democrat),  of  Virginia,  received  one  hun- 
dred and  sixty-two  votes. 

Charles  C.  Pincknet  (Federalist),  of  South  Carolina,  received 
fourteen  votes. 

George  Clinton,  of  ^ew  York,  was  elected  Vice-President. 

During  the  first  term  of  Jefierson's  administration  the  country- 
had  doubled  in  extent  by  the  Louisiana  purchase,  while,  at  his  sec- 
ond election,  the  Federalist  party  had  been  reduced  to  the  two 
States,  Connecticut  and  Delaware,  and  a  small  part  of  Maryland. 

FOUETH  PKESIDENT. 

[Date— 1808.] 

JAMES  MADISOK— [First  term.] 

James  Madison  (Democrat),  of  Virginia,  received  one  hundred 
and  twenty-two  votes, 

Charles'C.  Pinckney  (Federalist),  of  South  Carolina,  received 
forty-seven  votes. 

George  Clinton  (Federalist,  Democratic  wing)  received  six 
votes.  He  was  again  elected  Vice-President.  He  died  April  20, 
1812. 

James  Madison  was  born  in  the  British  colony  of  Virginia  in 
1751.  He  was  of  English  descent,  a  graduate  of  college,  and  a 
lawyer  by  profession.     He  died  in  1836. 

[Date— 1812.] 

James  Madison. — [Second  term.] 

James  Madison  (Democrat),  of  Virginia,  received  one  hundred 
and  twenty-eight  electoral  votes. 

De  Witt  Clinton  (Federalist),  of  New  York,  received  eigjity- 
nine  votes. 

Elbridge  Gerry  was  elected  Vice-President,  but  died  in  1814. 

The  Federalists  were  opposed  to  the  war  with  England,  but  the 
people  sustained  Madison  in  prosecuting  it. 

FIFTH  PRESIDENT 

[Date— 1816.] 

JAMES  MONROE.— [First  term.] 

James  Monroe  (Democrat),  of  Virginia,  received ^one  hundred 
and  eighty- three  electoral  votes. 


28  PRESIDENTS    OF    THE    UNITED    STATES. 

RuFUS  King   (Federalist),   of  New    York,   received  thirty-four 

votes. 

Daniel  D.  Tompkins,  of  Kew  York,  was  elected  Vice-President. 

James  Monkoe  was  of  English  descent,  and  was  born  in  the 
British  Colony  of  Virginia,  in  1759.  He  was  a  college  graduate, 
a  soldier,  and  the  author  of  "The  Monroe  Doctrine."     He  died 

in  1831. 

[Date— 1820.] 

James  Monroe. — [Second  term.] 

James  Monroe  (Democrat),  of  Virginia,  received  two  hundred 
and  thirty-one  electoral  votes,  and  had  no  opponent. 

Daniel  D.  Tompkins  was  again  elected  Vice-President. 

During  the  lirst  administration  of  Monroe  the  Federalist  party 
was  disbanded.  Massachusetts,  however,  cast  her  electoral  vote 
for  John  Quincy  Adams. 

SIXTH  PRESIDENT. 

[Date— 1824.] 

JOHN  QUINCY  ADAMS. 

At  this  time  party  ties  were  nearly  obliterated. 

John  Qulngy  Adams,  of  Massachusetts,  received  eighty-four 
electoral  votes. 

Andrew  Jackson,  of  Tennessee,  received  ninety-nine  votes. 

William  II.  Crawford,  of  Georgia,  received  forty-one  votes, 
and  Henry  Clay,  of  Kentucky,  received  thirty-seven  votes.  No 
candidate  having  received  a  majority  of  the  electoral  votes,  the 
House  of  Re])resentatives  elected  John  Quincy  Adams,  of  Massa- 
chusetts, "the  old  man  eloquent,"  President,  and  John  C.  Cal- 
houn, of  South  Carolina,   Vice-President. 

John  Quincy  Adams  was  the  son  of  the  second  President;  was 
born  in  the  British  Colony  of -Massachusetts  Bay  in  1767;  was  a 
college  graduate,  and  a  lawyer  by  profession.     He  died  in  1848. 

SEVENTH  PRESIDENT. 

[Date— 1828.] 
ANDREW  JACKSON.— [First  Term.] 

Gen.  Andrew  Jackson  (Democrat),  of  Tennessee,  received  one 
hundred  and  seventy  eight  votes. 

John  Q.  Adams  (Whig,  or  Democratic  wing),  of  Massachusetts, 

received  eighty -three  votes. 

John  C.  Calhoun,  of  South  Carolina,  was  again  elected  Vice- 
President. 


PRESIDENTS    OF   THE    UNITED    STATES.  29 

Andrew  Jackson,  commonly  called  "Old  Hickory,"  was  of 
North  Irish  descent,  and  born  in  the  i3ritish  colony  of  South  Caro- 
lina in  1767.  He  received  a  common  education,  and  was  both  a 
lawyer  and  a  soldier.  During  his  administration,  South  Carolina 
attempted  to  nullify  the  laws  of  the  United  States,  but  the  firmness 
of  General  Jackson  prevented  it.     He  died  in  Tennessee,  in  1845. 

[Date— 1832.] 

Gen.  Andrew  Jackson. — [Second  Term.] 

Andrew  Jackson  (Democrat),  of  Tennessee,  received  two  hun- 
dred and  nineteen  votes. 

HJENRY  Clay  (Whig),  of  Kentucky,  received  forty-nine  votes. 

"WiLLiA^i  Wirt  (Anti-Mason),  of  Maryland,  received  seven 
votes. 

John  B.  Floyd  (Democrat),  of  Virginia,  received  the  eleven 
votes  of  South  Carolina. 

Jackson,  during  this  term,  vetoed  the  United  States  Bank,  and 
the  tariff  question  assumed  great  prominence. 

Martin  Yan  Btjren,  of  New  York,  was  elected  Yice-Presidento 

EIGHTH  PKESIDENT. 

[Date— 1836.] 

MARTIN  YAN  BUREN  (Democrat),  of  New  York,  received 
one  hundred  and  seventy  electoral  votes. 

Gen.  Wm.  Henry  Harrison  (Whig),  of  Ohio,  received  seventy- 
three  votes. 

Hugh  L.  White  (Democrat),  of  Tennessee,  received  twenty-six 
votes. 

Daniel  Webster  (Whig),  of  Massachusetts,  received  the  four- 
teen votes  of  Massachusetts;  and 

Willie  P.  Mangum  (Democrat),  of  North  Carolina,  received  the 
eleven  votes  of  South  Carolina. 

RiCHAPD  M.  Johnson  (Democrat),  of  Kentucky,  was  elected 
Yice-President. 

Martin  Yan  Buren  was  of  Dutch  descent,  and  was  born  in  the 
State  of  New  York  in  1782.  He  received  a  common  education; 
was  a  lawyer  by  profession.     He  died  in  1862. 

NINTH  PRESIDENT. 

[Date-1840.1 

GEN.  WM.  HENRY  HARRISON  (Whig),  of  Ohio,  received 
two  hundred  and  thirty-four  electoral  votes. 


30  PRESIDENTS    OF   THE    UNITED    STATES. 

Mabtin  Yan  Buken  (Democrat),  of  New  York,  received  sixty 
votes. 

John  Tyler  (Democratic  Whig),  of  Yirginia,  was  elected  Yice- 
President,  and,  upon  the  death  of  Gen.  Harrison,  became  Presi- 
dent. 

Wm.  Henry  Harrison  was  of  English  descent,  born  in  the  Brit- 
ish Colony  of  Yirginia  in  1773;  had  a  collegiate  education,  and 
was  a  soldier.  He  was  styled  "Old  Tippecanoe."  He  acted  as 
President  only  about  one  month,  and  died  in  1841. 

TENTH  PRESIDENT. 

[Date— 1841.] 
John  Tyler  was  also  of  English  descent,  and  born  in  the  State 
of  Yirginia  in    1790.     H«e  had  a  collegiate  education,  and  was  a 
lawyer  by  profession.     He  died  in  1862. 

ELEYENTH  PRESIDENT. 

[Date— 1844.] 

JAMES  KNOX  POLK  (Democrat),  of  Tennessee,  received  one 
hundred  and  seventy  electoral  votes. 

Henry  Clay  (Whig),  of  Kentucky,  received  one  hundred  and 
five  votes. 

Georg  M.  Dallas  (Democrat),  of  Pennsylvania,  was  elected 
Yice-President. 

James  K.  Polk  was  of  North  Irish  descent,  and  born  in  the 
State  of  North  Carolina.  He  received  a  collegiate  education,  and 
was  a  lawyer  by  profession.     He  died  in  1849. 

TWELFTH  PRESIDENT. 

[Date— 1848:] 

GEN.  ZACHARY  TAYLOU  (Wliig),  of  Louisiana,  received 
one  hundred  and  sixty-three  votes. 

Lewis  Cass  (Democrat),  of  Michigan,  received  one  hundred  and 
twenty-seven  votes. 

Millard  Fillmore  (Whig),  of  New  York,  was  elected  Yice- 
President,  and  upon  the  death  of  Gen.  Taylor,  on  July  2,  1850, 
became  President. 

Gen.  Taylor,  who  was  called  "Old  Rough  and  Ready,"  was  of 
English  descent,  and  born  in  the  State  of  Yirginia,  in  1784.  He 
received  a  common  education,  and  was  a  soldier. 


PRESIDENTS     OF    THE    UNITED    STATES.  31 

THIRTEENTH  PRESIDENT. 

MILLARD  FILLMORE,  who,  by  the  death  of  Gen.  Taylor, 
became  the  thirteenth  President  of  the  United  States,  was  also  of 
English  descent,  and  born  in  the  State  of  New  York  in  the  year 
1800.  He  had  a  common  education,  and  was  a  lawyer  by  profes- 
sion.    He  died  in  1874. 

FOURTEENTH  PRESIDENT. 

[Date— 1852.] 

FRANKLIN  PIERCE  (Democrat),  of  New  Hampshire,  re- 
^ceived  two  hundred  and  iifty-four  electoral  votes. 

Gen.  Winfield  Scott  (Whig),  of  New  Jersey,  received  forty-two 
votes. 

William  R.  King  (Democrat),  of  Alabama,  was  elected  Yice- 
President.     He  died  on  April  18,  1853. 

During  the  administration  of  Pierce,  the  Missouri  Compromise 
was  repealed,  and  the  Whig  party  was  disbanded. 

Feankxen  Pierce  was  of  English  descent,  and  was  born  in  New 
Hampshire  in  1801.  He  had  a  collegiate  education,  was  a  lawyer, 
and  died  in  1869. 

FIFTEENTH  PRESIDENT. 

[Date— 1856.] 

JAMES  BUCHAN'AN  (^Democrat),  of  Pennsylvania,  received 
one  hundred  and  seventy-four  electoral  votes. 

John  C.  Fremont  (Republican),  of  California,  received  one  hun- 
dred and  fourteen  votes. 

Millard  Fillmore  (Native  American),  of  New  York,  received 
eight  votes. 

John  C.  Breckenridge  (Democrat),  of  Kentucky,  was  elected 
Yice-President. 

James  Buchanan  was  of  Irish  descent,  and  was  born  in  Penn- 
sylvania in  1791.  He  had  a  college  education,  and  was  a  lawyer 
and  a  bachelor.     He  died  in  1868. 

SIXTEENTH  PRESIDENT. 

[Date— I860.] 

ABRAHAM  LINCOLN.— [First  Term.] 

Abraham  Lincoln  (Republican),  of  Illinois,  received  one  hun- 
dred and  eighty  electoral  votes. 

John  C.  Breckenridge  (Democrat),  of  Kentucky,  received 
seventy-two  votes. 


32  PRESIDENTS   OE   THE    UNITED    STATES. 

John  Bell  (JSTative  American),  of  Tennessee,  received  thirty, 
nine  votes. 

Stephen  A.  Douglas  (Free-Soil  Democrat),  of  Illinois,  received 
twelve  votes. 

Hannibal  Hamlin  (Republican),  of  Maine,  was  elected  Vice- 
President. 

During  the  tirst  term  of  Lincoln's  administration,  the  slave 
States  of  the  Union  passed  ordinances  of  secession,  and  com- 
menced the  civil  war. 

Abraham  Lincoln  was  born  in  Kentucky  in  1809.  He  was  of 
English  descent,  had  a  common  education,  was  a  laboring  man, 
and  made  himself  a  lawyer.     He  was  assassinated  in  April,  1865. 

[Date— 1864.] 

Abraham  Lincoln. — [Second  Term.] 

Abraham  Lincoln  (Republican),  of  Illinois,  received  two 
hundred  and  twelve  electoral  votes. 

Gen.  Geo.  B.  MacClellan  (Democrat),  of  New  Jersey,  re- 
ceived twenty-one  votes. 

Andrew  Johnson  (Republican),  of  Tennessee,  was  elected  Vice- 
President,  and  upon  the  death  of  President  Lincoln,  on  the  15th 
day  of  April,  1865,  became  the 

SEVENTEENTH  PRESIDENT, 

and  Lafayette  Foster  (Republican),   of  Connecticut,  succeeded 
him  as  Vice-President. 

Andrew  Johnson  was  born  in  North  Carolina,  in  1808.  He  was 
of  English  descent,  educated  himself,  was  a  tailor  by  trade,  and 
made  himself  a  lawyer.     He  died  in  1875. 

EIGHTEENTH  PRESIDENT 

[Date— 1868.] 

GEN.  ULYSSES  S.'^GR ANT.— [First  term.] 

Gkn.  Ulysses  S.  Grant  (Republican),  of  Illinois,  received  two 
hundred  and  fourteen    electoral  votes. 

Horaito  Skvmour  (Democrat),  of  New  York,  received  eighty 
votes. 

Schuyler  ('olfax  (Republican),  of  Indiana,  was  elected  Vice- 
President.  Virginia,  Mississippi  and  Texas  did  not  vote,  being 
not  reconstructed. 


PRESIDENTS   OF  THE    UNITED   STATES.  33 

Gen.  Grant  was  born  in  Ohio,  in  1822.  He  is  of  Scotch 
descent,  was  educated  at  the  Military  Academy  of  West  Point,  and 
was  a  tanner,  and  a  great  soldier.     He  still  lives. 

[Date— 1872.] 

Gen.  Ultsses  S.  Grant. — [Second  term.] 

Gen.  Ulysses  S.  Grant  (Republican),  of  Hlinois,  received  twa 
hundred  and  eighty-six  electoral  votes. 

Horace  Greeley  (Republican  Democrat),  of  New  York,  re- 
ceived sixty-six  votes. 

Henry  Wilson  (Republican),  of  Massachusetts,  was  elected  Vice- 
President,  but  dying  in  1875,  he  was  succeeded  by 

Thos.  W.  Ferry  (Republican),  of  Michigan,  as  Vice-President. 

NINETEENTH  PRESIDENT. 

[Date— 1876.] 

RUTHERFORD  B.  HAYES  (Republican),  of  Ohio,  received 
one  hundred  and  eighty-iive  electoral  votes. 

Samuel  J.  Tilden  (Democrat),  of  New  York,  received  one  hun- 
dred and  eighty- tour  votes. 

Wm.  a.  Wheeler  (Republican),  of  New  York,  was  elected  Vice- 
President. 

R.  B.  Hayes  was  born  in  Ohio,  in  1822.  He  is  of  Scotch 
descent,  received  a  collegiate  education,  and  is  a  lawyer.  His 
wife  is  amiable,  intelligent,  and  of  great  firmness  of  character. 

TWENTIETH  PRESIDENT. 

[Date— 1880.] 

GEN.  JAMES  ABRAM  GARFIELD  (Republican),  of  Ohio, 
received  two  hundred  and  fourteen  electoral  votes. 

Gen.  Winfield  Scott  Hancock  (Democrat),  of  Pennsylvania, 
received  one  hundred  and  fifty-five  votes. 

Chester  A.  Arthur  (Republican),  of  New  York,  was  elected 
Vice-President,  and  on  the  20th  of  September,  the  day  following 
the  death  of  President  Garfield,  he  (Hon.  Chester  A.  Arthur) 
became  the 

TWENTY-FIRST  PRESIDENT 
of  the  United  States. 

Gen.  James  A.  Ga.rfield  was  born  in  Ohio  on  Nov.  19,  1831, 
and  was  a  representative  American.     He  was  a  noble  son  of  poor 


34  PRESIDENTS    OF   THE    UNITED    STATES. 

parents,  and  obtained  a  collegiate  education  by  his  own  exertions. 
He  became  first  a  clergyman  and  president  of  a  college,  then  a 
soldier,  a  member  of  Congress,  a  lawyer,  a  United  States  Senator, 
and  then  the  President  of  the  United  States.  He  was  shot,  at 
Washington,  D.  C,  on  the  2d  day  of  July,  1881,  by  a  wretch 
whose  name  should  be  forgotten,  and  which  shall  not  disgrace 
these  pages;  and  he  died  from  the  effect  of  the  wound,  at  El- 
beron,  N.  J.,  at  10:35  p.  m.,  on  Sept.  19,  following.  The  Nation 
mourned. 

President  xA.rthur,  on  telegraphic  announcement  from  the  Cabi- 
net, of  the  death  of  President  Garfield,  and  on  their  suggestion, 
took  the  oath  of  office  at  once.  It  was  administered  at  2:15  a.  m., 
Sept.  20,  1881,  in  New  York  City,  before  Judge  Brady,  of  the 
State  Court.  The  oath  was  subsequently  re -taken  in  Washington 
City,  before  the  Chief  Justice  of  the  Supreme  Court,  Sept.  22,  at  12 
o'clock  M. 

PRESIDENT  CHESTER  A.  ARTHUR  is  of  Scotch-Irish  de- 
scent, and  was  born  Oct,  5,  1830,  in  the  State  of  Vermont.  He 
was  nearly  fifty-one  years  of  age  when  the  position  of  President 
was  assumed  by  him,  as  General  Garfield's  successor. 


CHAPTER  III. 

THE    MANWER    OF    MAKING    STATUTORY    LAWS, 
AND  OF  PUTTING  THEM  IN  PRACTICE. 

Law,  in  its  widest  sense,  is  a  rule  of  action,  of  being,  or  of  con- 
dition; and  maj  exist  in  the  nature  of  things,  in  the  power  which 
controls  them,  or  in  artificial  rules  adopted  for  their  guidance.  To 
the  latter  class,  most,  if  not  all,  human  laws  belong. 

Municipal  law  may  be  defined  to  be  a  rule  of  human  action  pre- 
sciibed  by  the  supreme  power  of  the  State,  commanding  what  such 
supreme  power  claims  to  be  riglit,  and  endeavoring  to  prohibit 
what  such  supreme  power  claims  to  be  wrong;  and  as  municipal 
laws,  in  a  free  country,  are  framed  by  representatives  chosen  by 
the  people,  it  is  the  duty  of  the  people  of  a  State  to  read,  and  en- 
deavor to  understand,  the  laws  which  are  made  for  them,  and  if 
such  laws  are  unjust,  to  demand  their  repeal.  This  can  easily  be 
effected ;  for  if  any  law  which  has  been  enacted  by  the  Legislature 
of  a  State  operates  unjustly  upon  its  citizens,  the  people  have  it  in 
their  power  to  select  representatives  to  the  next  Legislature  who 
will  repeal  such  unjust  or  oppressive  laws. 

The  method  of  making  laws  for  the  government  of  the  people  of 
a  State,  although  simple,  may  not  be  understood  by  all  persons, 
and  especially  not  by  all  the  boys  and  girls  and  young  people, 
whose  curiosity  may  tempt  them  to  peep  into  this  book,  and  per- 
haps to  read  some  portions  of  it,  for  which  reason  an  explanation 
of  the  manner  in  which  statutory  laws,  or  the  laws  of  the  State,  are 
made  will  probably  be  pardoned  by  those  who  understand  the 
process  well.  Statutory  laws  are  those  which  have  been  made  by 
the  Legislature  of  a  State,  and  have  generally  been  approved  by 
the  Governor  of  such  State.  But  such  is  not  always  the  case;  for 
sometimes  the  Governor  may  think  that  a  hill  which  is  presented 
to  him  for  his  approval  and  signature  would  be  unjust  to  the  peo- 
ple; or  that  its  provisions  are  contrary  i)  the  Constitution  of  the 
State,  which  is  the  supreme  law  of  the  State,  that  is,  of  all  its 
officers  and  its  people;  or  that  the  hill  was  passed  hastily  and  with- 
out proper  reflection  on  the  part  of  the  members  of  the  Legislature; 

(35) 


36  MAKING    LAWS. 

or  for  some  other  reason  which  the  Governor  thinks  a  good  one, 
he  returns  such  bill  to  the  House  in  which  it  was  first  introduced, 
and  states,  in  writing,  his  reasons  for  thinking  the  bill  should  not 
become  a  law.  In  such  a  case,  the  Governor's  refusal  to  approve 
the  bill,  and  his  returning  it  to  the  House  in  which  it  originated  is 
called  the  "  Governor's  veto,"  and  if  similar  action  be  taken  by  the 
President  of  the  United  States,  with  any  bill  which  has  passed 
both  Houses  of  Congress — which  constitute  the  Legislature  of  the 
nation — such  action   is  called  the  '•  President's  veto." 

Before  proceeding  with  the  explanation  of  the  manner  of  making 
statutory  laws,  it  may  be  well  to  say  that  there  are  other  laws 
which  are  equally  obligatory  and  binding  on  the  people  of  a  State, 
as  are  the  statutory  laws.  These  may  be  classed  as  the  common 
law.  They  originated  either  in  the  common  customs  of  the  people, 
the  origin  of  which  may  have  been  forgotten;  or  in  the  decisions 
of  the  Supreme  Court  of  the  State  on  matters  which  have  not 
been  fully  regulated  by  statutory  laws,  and  having  been  acquiesced 
in  and  believed  to  be  right  and  just  by  the  people,  have  become 
the  common  law  of  the  land.  These  laws,  although  they  were  not 
made  by  the  representatives  of  the  people  in  the  Legislature  of 
the  State,  are,  nevertheless,  the  laws  of  the  people,  and  all  must 
obey  them  until  tliey  are  modified,  or  superseded  by  statutory 
laws. 

The  Legislature  of  a  State  is  composed  of  two  bodies  of  men, 
which,  when  in  session,  are  called  "  Houses."  One  of  these 
bodies  is  called  the  "  Senate,"  and  its  members  are  called  "  Sena- 
tors." The  other  body  is  called  the  "  Assembly,"  and  its  mem- 
bers are  called  "  Assemblymen;"  but  in  the  Congress  of  the  United 
States,  the  other  body  is  called  the  "  House  of  Representatives," 
and  its  members  are  called  "  Representatives,"  "  Delegates  to 
Congress,"  or  "  Members  of  Congress."  Each  of  these  bodies 
has  a  presiding  officer.  The  ofiicer  who  presides  over  the  Senate 
is  addressed  as  "Mr.  President,"  and  the  ofiicer  who  presides 
over  the  Assembly  is  addressed  as  "Mr.   Speaker." 

All  deliberative  bodies  of  men  adopt  certain  rules  for  their  own 
government,  which  are  called  "  Standing  Rules,"  and  it  is  the 
duty  of  the  presiding  ofiicer,  and  the  privilege  of  any  of  the  mem- 
bers of  such  body,  to  require  that  such  rules  be  strictly  enforced, 
although,  generally,  such  rules  provide  that  upon  a  vote  of  a  cer- 
tain majority  of  the  members  some  of  the  rules  may  be  sus- 
pended (or  made  inoperative)   for  a  time,  or  in   particular  cases. 


ORDER  OF  BUSINESS.  37 

These  iiiles  generally  provide  the  hour  at  which  the  body  shall 
convene,  and  for  every  act,  motion  and  emergency  that  may  arise 
during  the  deliberations  of  the  body  while  in  session.  They  also 
provide  the  order  of  business  of  the  body  ;  define  the  powers  and 
duties  of  its  officers  ;  provide  the  numbers  of  standing  commit- 
tees and  define  their  duties  ;  define  the  duties  of  the  members  in 
matters  of  order,  decorum  and  debate;  provide  the  order  of  pre- 
cedence of  motions;  the  manner  of  introducing  bills,  and  of  their 
readings;  the  "call"  of  the  members;  the  punishment  of  refrac- 
tory members,  and  generally  for  all  cases,  matters,  and  conditions 
of  things,  which  may  arise  during  the  delibei*ations  of  the  body. 

Among  the  first  of  such  standing  rules  is,  generally,  one  upon 
the 

Order  of  Business. 

which  the  presiding  officer  will  enforce  (unless  suspended)  and  is 
often  substantially  in  the  following  form: 

1.  Reading  and  approving  of  the  Journal  of  proceedings  of 
the  preceding  day. 

2.  Presentation  of  petitions. 

3.  Reports  of  Standing  Committees. 

4.  Reports  of  Select  Committees. 

5.  Messages  from  the  Governor  (or  President). 

6.  Motions  and  resolutions. 

7.  Messages  from  the  (House  of  Representatives,  Senate,  or 
Assembly). 

8.  Notices. 

9.  Second  reading  and  reference  of  bills  (to  Committees). 

10.  Introduction  and  first  reading  of  bills. 

11.  Business  on  General  File  and  third  reading  of  bills. 

12.  Unfinished  business  of  preceding  day. 

13.  Special  orders   of  the  day. 

The  standing  rales  also  generally  provide  the  ordar  of  preced- 
ence of  reference  of  matters,  or  of  bills,  to  committees,  and  also  of 
motions,  which  may  be  made;  as,  for  instance,  when  motions  are 
made  to  refer  any  subject  to  difierent  committees,  as  to  "A  Select 
Committee,"  "A  Standing  Committee,"  and  to  "The  Committee 
of  the  Whole  House  (or  Senate),"  the  presiding  officer  shall  give 
precedence  of  the  motions: 

1.  To  "The  Committee  of  the  Whole  House  (or  Senate)." 

2.  To  "  A  Standing  Committee." 

3.  To  "A  Select  Committee." 


38  HOW    LAWS    ARE     MADE. 

So,  also,  when  a  question  is  under  debate,  or  before  an)'  parlia- 
mentary body,  the  standing  rules  of  the  body  generally  provide 
that  no  motion  shall  be  received  but  to  adjourn  (which  is  always 
in  order);  to  lay  on  the  table;  for  the  previous  question;  to  postpone 
to  a  day  certain;  to  commit  or  amend,  or  to  postpone  indefinitely; 
which  several  motions  generally  have  precedence  given  them  in 
the  order  in  which  they  are  named  above ;  but  motions  to  adjourn^ 
to  lay  on  the  tahle,  and  for  tke  previous  question,  are  decided  with- 
out debate f  and  no  motion  to  postpone  to  a  day  certain,  to  com- 
mit, or  to  postpone  indefinitely,  having  been  once  decided  by  the 
body,  can  again  be.  entertained  on  the  same  day  and  at  the  same 
stage  of  proceedings.  A  motion  to  strike  out  the  enacting  clause 
of  a  bill  takes  precedence  of  a  motion  to  amend,  and,  if  carried,  de- 
stroys the  bill,  making  it  of  no  value.  As  all  statutory  laws  are 
simple  bills  which  have  passed  through  both  Houses  of  the  Legis- 
lature and  the  hands  of  the  Chief  Magistrate  of  the  State  or  nation, 
it  is  unnecessary  to  present  any  particular  form  of  bill  in  this  work 
in  order  that  the  manner  of  making  statutory  laws  may  be  under- 
stood by  its  readers;  but  before  any  bill  can  become  a  law  under 
any  constitutional  government,  several  steps  are  necessary,  which 
in  all  States  are  substantially  as  follows: 

First.  It  is  generally  necessary,  under  the  rules  of  the  Houses, 
to  give  one  day's  notice  of  the  introduction  of  the  bill. 

Second.  The  member  introducing  it  must  rise  in  his  place  and 
address  "Mr.  Speaker,"  if  in  the  Assembly,  and  "  Mr.  President," 
if  in  the  Senate;  and  after  securing  the  recognition  of  the  presid- 
ing officer,  send  the  bill  to  the  Speaker,  or  to  the  clerk's  desk. 

Third.  The  clerk  must  read  the  bill  aloud  to  the  Assembly  each 
day  for  three  days,  unless  in  case  of  urgency  two  thirds  of  the 
members  elected  to  the  House  vote  to  have  it  read  the  first  and 
second  time  by  title  (which  vote,  in  California,  must  be  taken  by 
ayes  and  noes,  besides  which,  in  the  last-named  State,  it  must  be 
printed),  and  copies  of  it  must  be  laid  on  the  desks  of  the  mem- 
bers. 

Fourth.  After  it  has  been  read  the  second  time,  but  not  before, 
the  members  may  discuss  its  merits  and  its  imperfections.  They 
may  then  move  to  amend  it,  or  to  lay  it  on  the  table,  or  to  post- 
]>one  it  indefinitely,  or  to  refer  it  to  a  special  committee,  or  to 
some  standing  committee,  or  to  the  committee  of  the  whole;  and 
a  iiiajority  of  the  members  may  so  change  the  bill  that  its  author 
can  hardly  recognize  it. 


ORDER    OK    BUSINESS.  39 

Fifth.  At  its  third  reading  the  bill  must  be  read  through,  as 
amended,  word  for  word,  from  beginning  to  end,  and  it  may  now 
again  be  amended  and  compelled  in  every  respect  to  go  through 
every  ordeal  maintained  at  the  second  reading;  and  then,  if  it  be 
not  recommitted  to  some  committee  for  further  amendment,  and, 
if  it  has  been  engrossed,  or  if  it  be  considered  engrossed,  it  is  put 
upon  its  final  passage;  but  in  order  to  pass  the  House  it  must  re- 
ceive a  majority  of  all  the  votes  of  the  'ineiriherx  of  the  horly  in, 
which  the  vote  may  he  taken. 

Sixth.  If  the  bill,  after  its  three  several  readings,  and  with  its 
amendments,  pass  one  of  the  Houses,  it  is  sent  at  once  to  the  other 
House  (by  the  clerk  of  the  Assembly  if  it  passed  the  Assembly, 
and  by  the  secretary  of  the  Senate  if  it  passed  the  Senate),  where 
it  must  again  pass  through  three  several  readings,  and  through  all 
the  other  ordeals  it  had  to  encounter  in  the  House  in  which  it 
originated;  and  if  it  be  amended,  in  any  respect,  in  the  second 
House,  and  if  it  pass  the  latter  House  with  such  amendments,  it 
has  to  be  sent  back  to  the  first  House  for  its  concurrence  in  such 
amendments;  but  if  it  pass  the  second  House  without  amend- 
ments— 

Seventh.  It  is  delivered  by  the  clerk  or  secretary  to  the  com- 
mittee on  enrollment  of  the  House  in  which  the  bill  originated, 
who  cause  it  to  be  enrolled,  or  carefully  \nritten  out  on  large 
sheets  of  paper  by  the  enrolling  clerk  of  such  House. 

Eighth.  After  this  is  done  the  same  committee,  or  some  of  its 
members,  carry  the  enrolled  bill  to  the  Governor  (or  President), 
and  leave  it  in  his  hands  for  his  approval  or  disapproval,  as  he 
may  think  is  right. 

Ninth.  If  the  Governor  (or  President)  approve  the  bill  he 
writes  his  name  on  it,  signifying  such  approval,  and  the  bill  then 
becomes  a  law;  but  if  he  does  not  approve  it,  he  returns  it  to  the 
House  in  which  it  originated,  with  his  objections  to  it  in  writing, 
and  such  House  enters  his  objections  on  the  minutes  of  its  jour- 
nal, and  proceeds  to  reconsider  the  bill;  and  if,  after  reconsidering 
it,  two-thirds  of  all  the  members  elected  to  both  Houses  of  the 
Legislature  vote  for  its  passage,  the  bill  becomes  a  law,  notwith- 
standing the  objections  of  the  Executive;  but  if  it  does  not  receive 
such  a  majority  it  does  not  become  a  law. 

On  the  third  reading  and  final  passage  of  any  bill  in  either 
House,  the  votes  of  the  members  are  taken  by  "yeas"  and 
"nays,"  for  which  purpose  the  clerk  or  secretary,  or  their  assist- 


40  HOW    LAWS    ARE    MADE. 

ants,  call  the  names  of  the  members  or  senators  in  alphabetical 
order,  but  omitting  to  call  the  presiding  officer  until  the  last;  and 
no  bill  can  become  a  law,  in  anj  case,  without  the  concurrence  of 
a  majority  of  all  the  members  elected  to  each  House. 

We  have  now  taken  a  careful  bird's-eye  view  of  the  manner  in 
which  a  bill  becomes  a  law,  or,  in  other  words,  we  have  seen  how 
statutory  laws  are  made;  for  all  laws  enacted  in  any  State  of  the 
Union  have  gone  through  the  same  or  a  similar  ordeal  to  that 
which  we  have  seen  above,  or  they  are  supposed  to  have  been 
made  in  such  manner;  but  sometimes  laws  are  passed  without 
proper  examination  and  without  a  strict  compliance  with  the  rules 
of  the  parliamentary  bodies  in  which  they  are  made,  and,  perhaps, 
in  forgetfulness  of  the  Constitution  which  gives  those  bodies  power 
to  pass  them. 

The  foregoing  illustrates  concisely  the  manner  of  making  statu- 
tory laws  by  all  constitutional,  deliberative  bodies.  Legislatures 
make  laws,  and,  if  constitutional,  the  courts  enforce  them,  through 
their  officers;  but  in  order  that  the  courts  may  be  enabled  to  en- 
force them,  those  persons  who  desire  to  avail  themselves  of  the 
benefits  of  the  laws  must  make  application  to  the  courts,  precisely 
in  the  manner  required  by  the  laws;  for  unless  this  be  done,  the 
courts  are  powerless  to  act,  or,  if  they  act,  their  judgments  will  be 
irreguhir,  if  not  void. 

The  following  Table  of  Pakliamentaky  Rules  observed  in  Con- 
gress and  in  other  legislative  bodies  may  properly  appear  in 
this  connection,  wherein  questions  which  are  not  debatable  are 
marked  "1;"  questions  that  are  undebatable  when  another  ques- 
tion is  before  the  body  are  marked  "2;"  debatable  questions  are 
marked  ''  3,"  and  questions  on  which  limited  debates  only  may  be 
had,  as  on  "the  propriety  of  postponement,"  are  marked  "4." 
The  motions  and  questions  marked  "a"  do  not  allow  reference 
to  the  main  question,  while  those  marked  "b"  open  the  main 
question  to  debate.  Motions  marked  \^ith  the  asterisk  ' '  *  "  cannot 
be  amended,  while  those  marked  by  the  dagger  ''f  may  be 
amended. 

Motions  marked  '"  A"  can  be  reconsidered,  while  those  marked 
*'B '"  can  not  be  reconsidered,  and  an  affirmative  vote  on  those 
marked  ''C"  cannot  be  reconsidered.  A  majority  vote  on  the 
questions,  or  matters  marked  *'  a,"  determines  the  question,  vvhilo 
tliosc  marked  "b"  require  a  two-thirds  vote,  unless  some  special 
rule  of  the  i)odv  inteivenes. 


ORDER   OF   BUSINESS. 


4:1 


Motions  marked  II  in  the  table  must  be  seconded,  while  those 
marked  III  do  not  require  to  be  seconded. 

Motions  marked  "  x  "  are  not  in  order  when  another  person  has 
the  floor;  motions  marked  "y  "  are  in  order  at  any  time,  though 
another  has  the  floor;  and  those  marked  "  z  "  may  be  moved  and 
entered  on  the  record  when  another  has  the  floor  ;  but  the  busi- 
ness then  before  the  Assembly  can  not  be  put  aside,  and  the 
motion  (or  notice  of  motion)  must  be  made  (or  given)  by  one  who 
voted  on  the  prevailing  side,  and  on  the  same  day  the  original 
vote  was  taken. 

The  table  covers  all  ordinary  parliamentary  questions  and,  with 
the  further  explanations  following  it,  covers  over,  three  hundred 
questions  and  points  of  order  : 

Table  of  Parliamentary  Rules,  of  Order,  Etc. 


Motion  to  adjourn 

Motion  to  determine  time  to  adjourn 

Motion  to  amend 

Motion  to  amend  an  amendment 

Motion  to  amend  the  rules 

Motion  to  appeal  from  presiding  officers  decision  in  re 

decorum .    

Motion  to  appeal  from  decision  of  presiding  officer  generally 

Call  to  order 

Motion  to  close  debate  on  question 

Motion  to  commit 

Motion  to  extend  limits  of  debate  on  question 

Leave  to  continue  speaking  after  indecorum 

Motion  that do  lie  on  the  table 

Motion  to  limit  debate  on  question 

Objection  to  consideration  of  question 

Motion  for  the  orders  of  the  day 

Motion  to  postpone  to  a  definite  time 

Motion  to  postpone  indefinitely 

Motion  for  previous  question 

Questions  of  priority  of  business 

Questions  of  privilege 

Reading  papers 

Motion  to  reconsider  a  debatable  question. 

Motion  to  reconsider  an  undebatable  question 

Motion  to  refer  a  question 

Motion  that  committee  do  now  rise 

Question  whether  subject  shall  be  discussed 

Motion  to  make  subject  a  special  order 

To  substitute,  in  the  nature  of  an  amendment 

Motion  to  suspend  the  rules 

Motion  to  take  from  the  table 

To  take  up  a  question  out  of  its  proper  order 

Motion  to  withdraw  a  motion 


1 

a 

3 

a 

3 

a 

3 

a 

3 

a 

\ 

a 

3 

a 

1 

a 

1 

a 

3 

b 

1 

a 

1 

a 

1 

a 

1 

a 

1 

a 

1 

a 

4 

a 

3 

b 

1 

a 

1 

a 

3 

a 

1 

a 

3 

b 

1 

a 

3 

b 

1 

a 

1 

a 

3 

a 

o 

a 

1 

a 

1 

a 

1 

a 

1 

a 

B 
A 
A 
A 
A 

A 

A 

A 

A 

A 

A 

A 

C 

A 

A 

A 

A 

A 

A 

A 

A 

A 

Bja 

B|a 

A  j  a 

B 

A 

A 

A 

B 

C 

A 


b 
b 
a 
b 
a 
b 
Aj  a 


li 

X 

II 

z 

II 

X 

II 

X 

II 

X 

II 

y 

li 

7 

ill 

y 

il 

X 

I 

X 

II 

X 

II 

X 

II 

X 

II 

s 

III 

y 

III 

y 

li 

X 

II 

X 

II 

X 

II 

X 

II 

X 

II 

X 

II 

z 

II 

z 

II 

X 

II 

X 

III 

y 

II 

X 

II 

X 

II 

X 

II 

X 

II 

X 

II 

X 

In  addition  to  questions  disposed  of  by  parliamentary  rules  in 
the  foregoing  table,  there  are  certain  questions  of  precedence,  and 
certain  forms,  in  which  questions  must  be  put  in  all  parliamentary 
bodies.    The  foliowiusr  constitute  the  order  and  the  rank  of 


42  FORMS    OF    QUESTIONS. 

Questions  of  Precedence. 

First.     Fixing  the  time  to  which  an  adjournment  may  be  made; 
Second.     To  adjourn  without  limitation; 
Third.     Motion  for  the  orders  of  the  day; 

Fourth.     Motion  that do  lie  on  the  table; 

Fifth.     Motion  for  the  previous  question; 

Sixth.     Motion  to  postpone  indefinitely; 

Seventh.     Motion  to  commit; 

Eighth.     Motion  to  amend; 

Ninth.     Motion  to  postpone  indefinitely. 

Forms  in  -which  Questions  may  be  Put. 

1      On  motion  to  strike  out  words — "■  Shall  the  words  stand  as 

part  of  the ,"  unless   a  majority  sustain    the  words,  they  will 

be  struck  out. 

2.  On  motion  for  "the  previous  question,"  the  form  to  be  ob- 
served is,  "Shall  the  main  question  be  now  put?"  and  if  this  be 
carried,  the  debate  there  ends. 

3.  On  an  appeal  from  the  decision  of  the  chair,  the  form  is, 
"  Shall  the  decision  of  the  chair  be  sustained  as  the  ruling  of  the 
house?" 

4.  On  motion  for  "Orders  of  the  Day,"  the  question  is,  "  Will 
the  house  now  proceed  to  the  orders  of  the  day  ?"  If  carried,  this 
supersedes  all  intervening  motions. 

.5.  When  an  objection  to  considering  a  question  is  raised,  tlie 
question  by  the  chair  is,  "  Shall  the  question  be  considered."  Ob- 
jection may  be  made  by  any  member  of  the  body  before  debate 
has  commenced,  but  not  after. 


FORMING  SOCIETIES,  CORPORATIONS,  ETC. 

In  the  formation  of  any  society,  company  or  association,  the 
first  step  to  be  taken  is  to  elect  a  chairman  or  president  for  a  tem- 
porary organization. 

The  parties  interested  meet  at  the  place  agreed  upon,  or  named 
in  tlie  call,  for  the  meeting,  and  at,  or  soon  after,  the  time  named, 
one  of  the  parties  interested  rises  and  says: 

"  I  move  that  Mr.  be  called   upon   to  ])reside  over   this 

meeting.     Do  I  hear  a  second  to  the  motioTi  C 

Upon  the  motion  being  seconded,  the  one  who  made  the  motion 
says  : 


FORMING     SOCIETIES.  43 

"It  has  been  moved  and  seconded  that  Mr. preside  over 

this  meeting.     Are  you  ready  for  the  question  ?"     [Pause.] 

"  All  in  favor  of  the  motion  will  say  '  aye.'  " 
[The  afflrmative  is  taken.] 

"  All  opposed  will  say  'no.'     The  ayes  have  it.     Mr.  is 

elected  to  preside,  and   will   please   come   forward   and   take  the 
chair." 

Upon  advancing  to  the  chair,  the  President,  after  thanking  those 
present  for  the  honor  conferred  upon  him  (or  her),  will  state  the 
object  of  the  meeting,  after  which  he  will  proceed  to  say: 

"The  first  business  before  the  meeting  will  be  the  election  of  a 
[temporary]  secretary.  Who  will  you  name,  gentlemen  [or 
ladies  and  gentlemen],  for  that  position?" 

Some  one  or  more  will  be  nominated,  substantially,  after  this 
manner: 

"I  place  in  nomination  the  name  of  Mr. [or  Miss. -]  to 

act  as  secretary  of  this  meeting."     Or, 
•"  I  nominate  Mr.  [or  Miss ]." 

The  nomination  of  one  or  more  being  seconded,  if  but  one,  the 
President  puts  the  question : 

"  Mr. [or  Miss ]  is  nominated  to  act  as  secretary  of 

this  meeting;  all  in  ftivor  of  the  nomination  will  say  '  aye.'  " 
[The  affirmative  vote  is  taken.] 

"  All  who  are  opposed  will  say  'no.'  " 

[The  negative  vote  is  taken.] 

"  The  ayes  seem  to  have  it."     [If  the  vote  is  decidedly  afiirma- 
tive  and  a  division  be  not  called  for.]     "  The  ayes  have  it."      "Mr. 
is  elected  Secretary  of  the  meeting,  and  will  please  ap- 
proach the  Secretary's  table,  and  enter  upon   the   discharge  of  his 
duties." 

The  foregoing  will  complete  the  temporary  organization  of  any 
body,  the  records  of  which  are  to  be  preserved  for  future  use;  but 
if  a  permanent  organization  be  intended  it  will  be  necessary  to 
have  committees  appointed  or  elected  to  draft  a  constitution  and 
by-laws  for  the  government  of  the  society  and  its  membership, 
and  a  committee  upon  permanent  organization,  and  officers,  etc., 
whose  duty  it  will  be  to  report  at  some  subsequent  time  named 
upon  the  matters  referred  to  them. 

If  two  or  more  persons  be  nominated  for  the  same  position,  and 
such  nominations  be  seconded  by  the  membors  at  a  meeting,  the 
president  will  ask  the  members  how  they  will  vote,  "By  ballot  or 


44  FORMING   SOCIETIES. 

otherwise?"  and  as  a  majority  may  determine,  the  vote  will   be 
taken. 

The  presiding  officer  should  at  all  times  avoid  any  appearance  of 
partiality,  and  should  decide  all  matters  impartially. 

If  any  meeting  be  for  that  time  only,  a  secretary  will  not  be  re- 
quired, and  a  president  only  need  be  elected,  and  vice-presidents 
appointed  or  suggested,  in  which  case  the  president  will  invite  the 
vice-presidents  to  seats  upon  the  stand  with  him. 

If  the  object  of  the  meeting  be  the  formation  of  a  corporation 
under  the  laws  of  any  State  or  Territory,  the  forms  given  in  this 
work  under  the  heading,  "  Articles  of  Incorporation,"  may  serve 
as  a  general  guide  for  the  committee  in  drawing  their  report,  recol- 
lecting that  the  statutes  of  the  State  or  Territory  under  which  the 
corporation  is  formed  must  be  strictly  complied  with  in  the  draw- 
ing of  such  "articles." 

The  different  sections  of  the  by-laws,  and  the  different  articles 
agd  sections  of  the  constitution  of  any  society,  association  or  cor- 
poration, should  be  carefully  read,  section  by  section,  seriatim,  and 
so  amended  as  to  conform  to  the  opinion  of  the  members  forming 
the  association,  and  then  adopted,  section  by  section ,  or  as  a  whole, 
as  a  majority  of  those  forming  the  society  may  determine  by 
vote. 

For  purposes  of  illustration,  and  as  a  general  guide,  we  will  sup- 
pose that  a  call  has  been  published  or  circulated  for  the  formation 
of  a  lyceum  in  the  village  or  city,  that  a  prelimmary  meeting  has 
been  held,  and  a  committee  appointed  to  draft  a  constitution  and 
by-laws  for  the  same;  that  they  have  attended  to  their  duty  and 
report  as  follows  : 

To  tlie Literary  Association. 

Your  committee  appointed  to  draft  a  constitution  and  by-laws 
for  the  government  of  your  honorable  body  respectfully  report  the 
following  as  the  result  of  their  labors,  and  recommend  their  adop- 
tion to -wit : 

PREAMBLE. 

Whereas,  The  experience  of  past  ages  has  shown  that  voluntary 
associations,  governed  by  fixed  rules,  can  more  thoroughly  effect 
the  accomplishment  of  worthy  and  great  results  than  unaided, 

individual  efforts  alone;  and  whereas  we,  residents  of ,  are 

desirous   "f  advancing  our  civil  and  intellectual  culture   so  far  as 


FOKMIKG   SOCIETIES.  45 

in  our  power  lies,  by  forming  a  mutual  Literary  Association,  do, 
for  that  purpose,  adopt  the  following 

CONSTITUTION. 

Article  I.  The  name  of  this  society  shall  be  ''The  Denver 
Literary  Association." 

Article  IL  Its  objects  shall  be  to  discuss,  weekly,  subjects 
which  may  be  selected  by  a  majority  present  of  its  members,  for 
the  diffusion  of  knowledge  and  the  providing  of  a  reading-room, 
and  the  current  valuable  literature,  consisting  of  books  and  papers, 
for  the  use  of  all  members  of  the  Association,  in  the  same. 

Article  III.  The  officers  of  the  Association  shall  consist  of  a 
President,  a  Yice-President,  Secretary,  Treasurer  and  Librarian, 
who  shall  be  elected  annually  by  ballot,  on  the  first  Tuesday  in 
January  of  each  year,  and  shall  hold  their  oflSces  until  their  suc- 
cessors shall  be  elected  and  qualified. 

Article  TV.  Section  1.  It  shall  be  the  duty  of  the  President 
to  preside  at  all  meetings  of  the  Association,  whether  public  or 
private,  but  in  the  absence  of  the  President,  it  shall  be  the  duty 
of  the  Yice-President  to  preside. 

Section  2.  It  shall  be  the  duty  of  the  Secretary  to  keep  a 
record  of  all  business  and  proceedings  of  the  Association  proper 
to  be  written;  to  read  at  each  meeting  the  proceedings  of  the  last 
convocation  ;  to  conduct  the  correspondence  and  keep  the  records 
of  the  Association. 

Section  3.  The  Treasurer's  duty  shall  be  to  safely  keep  the 
funds  of  the  Society;  to  report  quarterly  all  moneys  received  and 
disbursed,  and  the  amount  on  hand  at  date  of  report  ;  and  to  pay 
out  moneys  only  on  the  order  of  the  President,  attended  by  the 
Secretary. 

Section  4.  It  shall  be  the  duty  of  the  Librarian  to  obey  the 
rules  of  the  Association  and  the  orders  of  its  President;  to  care- 
fully preserve  and  keep  all  papers,  manuscripts,  records  and  books 
belonging  to  the  Society,  and  to  provide  a  complete  index  of  its 
books  and  property,  for  reference  by  its  members. 

Article  Y.  At  the  first  meeting  of  the  Society,  after  his  elec- 
tion, the  President  shall  appoint  the  following  standing  commit- 
tees, consisting  of  three  members  each,  to- wit:  On  lectures, 
papers  and  periodicals  ;  on  library  and  printing;  and  on  finance, 
ways  and  means  (whose  duties  shall  be  prescribed  by  the  Presi- 
dent until  otherwise  ordered  by  the  Association). 


46  FOKMING    SOCIETIES. 

Section  2.  The  question  for  debate  at  each  weekly  meeting 
shall  be  determined  by  a  majority  of  the  votes  of  the  members 
present  at  the  meeting  preceding  such  discussion. 

Article  YI.  Any  person,  lady  or  gentleman,  may  become  a 
member  of  this  Association  n])on  the  affirmative  vote  of  a  majority 
of  the  members  ])resent  at  any  meeting,  and  upon  paying  a  fee  of 
two  dollars  and  signing  the  by-laws;  and  the  Association  shall  have 
power  by  a  majority  vote  to  confer  honorary  and  free  member- 
ship on  any  person  whose  name  and  presence  may  be  beneficial 
to  the  Society. 

Article  YII.     This  Association  shall  meet  on  Tuesday  evening 

of  each 'week,  at  —  o'clock,  at  the hall^  and  at  such  other  times 

as  a  majority  may  determine,  at  which  five  or  more  members 
shall  constitute  a  q^uorum  for  the  transaction  of  business;  and  the 
President  shall  have  power  to  call  a  special  meeting  of  the  Society 
at  any  time  upon  the  written  request  of  five  members  of  the 
Association. 

Article  VIII.  The  dues  of  members  to  the  Association  shall 
he  fifty  cents  monthly,  and  shall  be  payable  at  the  first  weekly 
meeting  in  each  month,  to  the  Secretary,  who  shall  receipt  for  the 
same,  and  pay  such  dues  to  the  Treasurer,  and  take  his  receipt 
therefor;  but  such  dues  may  be  increased  or  diminished  at  any 
regular  meeting  by  vote  of  a  majority  of  the  members  present 
after  notice  of  one  week  shall  have  been  given  of  such  change. 

Article  IX.  '' Cushing's  Manuel"  or  "The  Ready  Lawyer" 
shall  be  the  standard  of  Parliamentary  authority  in  governing 
all  deliberations  of  this  Association. 

Article  X.  Any  member  who  shall  neglect  to  pay  the  dues,  or 
who  shall  be  guilty  of  conduct  which  will  bring  the  Association 
into  disrepute,  may  be  suspended  or  expelled  from  membership  in 
the  Society,  as  a  majority  of  two  thirds  of  the  members  present  at 
any  meeting  may  determine;  but  no  member  shall  be  suspended 
or  expelled  until  he  shall  have  been  notified  in  writing  that 
charges  have  been  made  against  him,  specifing  such  charges,  and 
an  opportunity  shall  have  been  given  him  to  appear  in  his  own 
defense. 

Article  XL  This  Constitution  mi\y  be  altered  or  amended  at 
any  regular  meeting,  after  written  notice  shall  have  been  given, 
stating  the  alteration  or  amendment  proposed,  by  a  majority  of 
two  thirds  of  the  votes  of  the  members  present  at  such  meeting. 


BY-LAWS.  47 

Which  Preamble  and  Constitution  are  respectfully  submitted 
for  your  consideration. 

Your  committee,  in  farther  discharge  of  the  duties  imposed 
upon  them,  report  the  folio wina^ 

BY-LAWS. 

Article  I.  The  hours  of  stated  meeting  of  this  Association 
shall  be  as  follows:  From  the  first  of  April  until  the  first  of  Octo- 
ber, at  eight  o'clock  p.  m;  from  the  first  of  October  to  April  first, 
at  half-past  seven  o'clock  p.  m. 

Article  II.  The  names  of  all  persons  applying  for  membership 
in  the  Association  shall  be  recommended  by  two  members,  in 
writing,  and  shall  be  presented  to  the  Secretary,  who  shall  bring 
the  same  before  the  Society  for  election,  at  its  next  stated  meeting 
after  he  shall  receive  the  same. 

Article  III.  It  shall  be  the  duty  of  each  member  of  the  Asso- 
ciation to  maintain  its  Constitution;  to  use  all  laudable  means  to 
increase  the  usefulness  and  interest  of  the  Society;  to  maintain 
good  order  and  afiability  among  its  members,  and  to  sign  and 
keep  its  Constitution  and  By-laws. 

Article  IV.     Its  order  of  business  shall  be: 

1.  Reading  minutes  of  the  last  meeting. 

2.  Applications  for  membership. 

3.  Reports  of  Standing  Committees. 

4.  Reports  of  Special  Committees. 

5.  Bills  and  communications. 

6.  Voting  upon  admission  of  new  members. 

7.  New  business. 

8.  Discussion  of  question. 

9.  Decision  of  merits  of  debate. 
10.     Adjournment. 

All  of  which  is  respectfully  submitted. 


Committee. 


CHAPTER  IV. 

UNITED  STATES   MINING   LAWS   AND  REGULATIONS 

THEREUNDER 

Section  2318.  In  all  cases  lands  valuable  for  minerals  shall  be 
reserved  from  sale,  except  as  otherwise  expressly  directed  b}^  law. 

Sec.  2319.  All  valuable  mineral  deposits  in  lands  belonging 
to  the  United  States,  both  surveyed  and  unsurveyed,  are  hereby 
declared  to  be  free  and  open  to  exploration  and  purchase,  and  the 
lands  in  which  they  are  found  to  occupation  and  purchase,  by  citi- 
zens of  the  United  States  and  those  who  have  declared  their  inten- 
tion to  become  such,  under  regulations  prescribed  by  law,  and 
according  to  the  local  customs  or  rules  of  miners  in  the  several 
mining  districts,  so  far  as  the  same  are  applicable  and  not  incon- 
sistent with  the  laws  of  the  United  States. 

Sec.  2320.  Mining-claims  upon  veins  or  lodes  of  quartz  or 
other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  cop- 
per, or  other  valuable  deposits,  heretofore  located,  shall  be 
governed  as  to  length  along  the  vein  or  lode  by  the  customs,  regula- 
tions, and  laws  in  force  at  the  date  of  their  location.  A  mining- 
claim  located  after  the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  whether  located  by  one  or  more  persons,  may  equals 
hut  shall  not  exceed^  one  thousand  five  hundred  feet  in  length  along 
the  vein  or  lode;  but  no  location  of  a  mining-claim  shall  be  made 
until  the  discovery  of  the  vein  or  lode  within  the  limits  of  the 
claim  located.  No  claim  sJmll  extend  more  than  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface^  nor  shall 
any  claim  be  limited  by  any  mining  regulation  to  less  than  twenty- 
five  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface, 
except  where  adverse  rights  existing  on  the  tenth  day  of  May,  eight- 
een hundred  and  seventy-two,  render  such  limitation  necessary. 
The  end-lines  of  each  claim  shall  be  parallel  to  each  other. 

Sec.  2321.  Proof  of  citizenship,  under  this  chapter,  may  con- 
sist, in  the  case  of  an  individual,  of  his  own  affidavit  thereof;  in 
the  case  of  an  association  of  persons  unincorporated,  of  the  affida- 
vit of  their  authorized  agent,  made  on  bis  own  knowledge,  or  upon 

(48) 


MINING    LAWS.  49 

information  and  belief;  and  in  the  case  of  a  corporation  organized 
under  the  laws  of  the  United  States,  or  of  any  State  or  Territory 
thereof,  by  the  filing  of  a  certified  copy  of  their  charter  or  certifi- 
cate of  incorporation. 

Sec.  2322.  The  locators  of  all  miidng  locations  heretofore 
made  or  which  shall  hereafter  be  made,  on  any  mineral  vein,  lode, 
or  ledo;e,  situated  on  the  public  domain,  their  heirs  and  assigns, 
where  no  adverse  claim  exists  on  the  tenth  day  of  May,  eighteen 
hundred  and  seventy -two,  so  long  as  they  comply  with  the  laws  of 
the  United  States,  and  with  State,  Territorial,  and  local  regula- 
tions not  in  conflict  with  the  laws  of  the  United  States  governing 
their  possessory  title,  shall  have  the  exclusive  right  of  possession 
and  enjoymenc  of  all  the  surface  inchided  within  the  lines  of  their 
locations^  and  of  all  veins,  lodes,  and  ledges  throughout  thein  entire 
depth,  the  top  or  apex  of  vjhich  lies  inside  of  such  surface  lines  ex- 
tended downwardvertically,  although  such  veins,  lodes,  or  ledges 
may  so  far  depart  from  a  perpendicular  in  their  course' downward 
as  to  extend  outside  the  vertical  side-lines  of  such  surface  locations. 
But  their  right  of  possession  to  such  outside  parts  of  such  veins  or 
ledges  shall  he  confined  to  such  portions  thereof  as  lie  between  ver- 
tical planes  drawn  downvjard  as  above  described,  through  the  end- 
lines  of  thier  locations^  so  continued  in  their  own  direction  that 
such  planes  will  intersect  such  exterior  parts  of  such  veins  or 
ledges.  And  nothing  in  this  section  shall  authorize  the  locator  or 
possessor  of  a  vein  or  lode  which  extends  in  its  downward  course 
beyond  the  vertical  lines  of  his  claim  to  enter  upon  the  surface  of 
a  claim  owned  or  possessed  by  another. 

Sec.  2323.  Where  a  tunnel  is  run  for  the  development  of  a 
vein  or  lode,  or  for  the  discovery  of  mines,  the  owners  of  such 
tunnel  shall  have  the  right  of  possession  of  all  veins  or  lodes 
within  three  thousand  feet  from  the  face  of  such  tunnel  on  the 
line  thereof,  not  previously  known  to  exist,  discovered  in  such 
tunnel,  to  the  same  extent  as  if  discovered  from  t]^e  surface;  and 
locations  on  the  line  uf  such  tunuel,  of  veins  or  lodes  not  appearing 
on  the  surface,  made  by  other  parties  after  the  commencement  of 
the  tunnel,  and  while  the  same  is  being  prosecuted  with  reasonable 
diligence,  shall  be  invalid;  but  failure  to  prosecute  the  work  on 
the  tunnel  for  six  months  shall  be  considered  as  an  abandonment 
of  the  right  to  all  undiscovered  veins  on  the  line  of  such  tunnel. 

Sec.  2324.  The  miners  of  each  mining  district  may  inake 
regulations   not    in     conflict    with     the    laws    of   the     United 


50  MINING    LAWS. 

States,  or  with  the  laws  of  the  State  or  Territory  in  which 
the  district  is  situated,  governing  the  location,  manner  of 
recording,  amount  of  work  necessary  to  hold  possession  of 
a  mining  claim,  subject  to  the  following  requirements:  The 
location  must  be  distinctly  marked  on  the  ground  so  that 
its  boundaries  can  be  readily  traced.  All  records  of  mining  claims 
hereafter  made  shall  contain  the  name  or  names  of  the  locators, 
the  date  of  the  location,  and  such  a  description  of  the  claim  or 
claims  located  by  reference  to  some  natural  object  or  permanent 
monument  as  will  identify  the  claim.  On  each  claim  located  after 
the  tenth  day  of  May,  eighteen  hundred  and  seventy-two,  and  un- 
til a  patent  has  been  issued  therefor,  not  less  than  one  hundred 
dollars'  worth  of  labor  shall  he  performed  or  improvements  made 
during, each  year.  On  all  claims  located  prior  to  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two,  ten  dollars'  worth  of  labor 
shall  be  performed  or  improvements  made  by  the  tenth  day  of 
June,  eighteen  hundred  and  seventy-four,  and  each  year  thereafter, 
for  each  one  hundred  feet  in  lengtli  along  the  vein  until  a  patent 
has  been  issued  therefor;  but  where  such  claims  are  held  in  com- 
mon, such  expenditure  may  be  made  upon  any  one  claim;  and 
upon  a  failure  to  comply  with  these  conditions,  the  claim  or  mine 
upon  which  such  failure  occurred  shall  he  open  to  relocation  in  the 
same  manner  as  if  no  location  of  the  same  had  ever  been  made, 
provided  that  the  original  locators,  their  heirs,  assigns  or  legal 
representatives  have  not  resumed  work  upon  the  claim  after  failure 
and  before  such  location.  TJpon  the  failure:  of  any  one  of  several 
co-owners  to  contribute  his  proportion  of  the  expenditures  required 
hereby,  the  co-owners  who  have  performed  the  labor  or  made  the 
improvements  may,  at  the  expiration  of  the  year,  give  such  delin. 
quent  co-owner  personal  notice  in  writing,  or  notice  hy  publication 
m  the  newspaper  published  nearest  the  claim  for  at  least  once  a 
week  for  ninety  days;  and  if  at  the  expiration  of  ninety  days  after 
such  notice  in  writing  or  by  publication  such  delinquent  should  fail 
or  refuse  to  contribute  his  proportion  of  the  expenditure  required 
by  this  section,  his  interest  in  the  claim  shall  become  the  property 
of  his  co-owners  vjho  have  made  the  required  expenditures. 

Sec.  2325,  A  patent  for  any  land  claimed  and  located  for  valu- 
able deposits  may  be  obtained  in  the  following  manner  :  Any  per- 
son, association,  or  corporation  authorized  to  locate  a  claim  under 
this  chapter,  having  claimed  and  located  a  piece  of  land  for  such 
purposes,  who  has,  or  have,  complied  with   the  terms  of  this  chap- 


MINING    LAWS.  51 

ter,  may  file  in  the  proper  land-office  an  application  for  a  patent^ 
\inder  oath^  showing  such  compliance,  together  with  a  plat  and 
field-notes  of  the  claim  or  claims  in  common,  made  by  or  under  the 
direction  of  the  United  States  Surveyor-General,  showing  accu- 
rately the  boundaries  of  the  claim  or  claims,  lohich  shall  he  dis- 
tinctly marked  hy  inonuments  on  the  ground,,  and  shall  post  a  copy 
of  such  plat,  together  with  a  notice  of  such  application  for  a  pat- 
ent, in  a  conspicuous  place  on  the  land  embraced  in  such  plat  pre- 
vious to  the  filing  of  the  application  for  a  patent,  and  shall  tile  an 
afiidavit  of  at  least  two  persons  that  such  notice  has  been  duly 
posted,  and  shall  file  a  copy  of  the  notice  in  such  land-office,  and 
shall  thereupon  be  entitled  to  a  patent  for  the  land,  in  the  manner 
following  :  The  register  of  the  land-oflice,  upon  the  filing  of  such 
application,  plat,  field-notes,  notices,  and  affidavits,  shall  publish 
a  notice  that  such  application  has  been  made,  for  the  period  of 
sixty  davs,  in  a  newspaper  to  be  by  him  designated  as  published 
near  to  such  claim;  and  he  shall  also  post  such  notice  in  his  office 
for  the  same  period.  The  claimant  at  the  time  of  filing  his  appli- 
cation, or  at  any  time  thereafter,  within  the  sixty  days  of  publica- 
tion, shall  file  with  the  register  a  certificate  of  the  United  States 
Surveyor-General  that  five  hundred  dollars'  worth  of  labor  has  been 
expended  or  improvements  made  upon  the  claim  hj  himself  or 
grantors;  that  the  plat  is  correct,  with  such  further  description  by 
snch  reference  to  natural  objects  or  permanent  monuments  as  shall 
identify  the  claim,  and  furnish  an  accurate  description,  to  be  incor- 
porated in  the  patent.  At  the  expiration  of  the  sixty  days  of  pub- 
lication the  claimant  shall  file  his  affidavit,  showing  that  the  plat 
and  notice  have  been  posted  in  a  conspicuous  place  on  the  claim 
during  such  period  of  publication.  If  no  adverse  claim  shall  have 
been  filed  with  the  register  and  the  receiver  of  the  proper  land- 
office  at  the  expiration  of  the  sixty  days  of  publication,  it  shall  be 
assumed  that  the  applicant  is  entitled  to  a  patent,  upon  the  pay- 
ment to  the  proper  officer  of  five  dollars  per  acre,  and  that  no  ad- 
verse claim  exists;  and  thereafter  no  objection  from  third  parties 
to  the  issuance  of  a  patent  shall  be  heard,  except  it  be  shown  that 
the  applicant  has  failed  to  comply  with  the  terms  of  this  chapter. 
Sec.  2326.  Where  an  adverse  claim  is  filed  during  the  period 
of  publication,  it  shall  he  upon  oath  of  the  person  or  persons  mak- 
ing the  same,  and  shall  show  the  nature,  boundaries,  and  extent  of 
such  adverse  claim,  and  all  proceedings,  except  the  publication  of 
notice   and  making   and  filing  of  the   affidavit  thereof,    shall   be 


52  MINING     LAWS. 

Staved  until  the  controversy  shall  have  been  settled  or  decided  by 
a  court  of  competent  jurisdiction,  or  the  adverse  claim  waived.  It 
shall  be  the  duty  of  the  adverse  claimant,  within  thirty  days  after 
filing  his  claim,  to  commence  proceedings  in  a  court  of  competent 
jurisdiction,  to  determine  the  question  of  the  right  of  possession, 
and  prosecute  the  same  with  reasonable  diligence  to  final  judg- 
ment; and  a  failure  so  to  do  shall  be  a  waiver  of  his  adverse  claim. 
After  such  judgment  shall  have  been  rendered,  the  party  entitled 
to  the  possession  of  the  claim,  or  any  portion  thereof,  may,  with- 
out giving  further  notice,  file  a  certified  copy  of  the  judgment-roll 
with  the  register  of  the  land-oflice,  together  with  the  certificate  of 
the  Surveyor-General  that  the  requisite  amount  of  labor  lias  been 
expended  or  improvements  made  thereon,  and  the  description  re- 
quired in  other  cases,  and  shall  paj'  to  the  receiver  five  dollars  per 
acre  for  his  claim,  together  with  the  proper  fees,  whereupon  the 
whole  proceedings  and  the  judgment-roll  shall  be  certified  by  the 
register  to  the  Commissioner  of  the  Greneral  Land-Office,  and  a 
patent  shall  issue  thereon  for  the  claim,  or  such  portion  thereof  as 
the  applicant  shall  appear,  from  the  decision  of  the  court,  to  rightly 
possess.  If  it  appears  trom  the  decision  of  the  court  that  several 
parties  are  entitled  to  separate  and  difterent  portions  of  the  claim, 
each  party  may  pay  for  his  portion  of  the  claim,  with  the  proper 
fees,  and  file  the  certificate  and  description  by  the  Surveyor-Gen- 
eral, whereupon  the  register  shall  certify  the  proceedings  and 
judgment-roll  to  the  Commissioner  of  the  General  Land-Office, 
as  in  the  preceding  case,  and  patents  shall  issue  to  the  several 
parties  according  to  their  respective  rights.  Nothing  herein  con- 
tained shall  be  construed  to  prevent  the  alienation  of  a  title  con- 
veyed by  a  patent  for  a  mining  claim  to  any  person  whatever. 

Sec.  2327.  The  description  of  vein  or  lode  claims,  upon  sur- 
veyed lands,  shall  designate  the  location  of  the  claim  with  refer- 
ence to  the  lines  of  the  public  surveys,  but  need  not  conform 
therewith;  but  where  a  patent  shall  be  issued  for  claims  upon 
unsurveyed  lands,  the  Surveyor-General,  in  extending  the  surveys, 
shall  adjust  the  same  to  the  boundaries  of  such  patented  claim, 
according  to  the  plat  or  description  thereof,  but  so  as  in  no  case 
to  interfere  with  or  change  the  location  of  any  such  patented 
claim. 

Skc.  232S.  Applications  for  patents  for  mining  claims  under 
former  laws  now  pending  may  be  prosecuted  to  a  final  decision 
in    the    General    Land-Office:  but    in    such    cases    where    adverse 


MINING    LAWS.  '    '  53 

rights  are  not  affected  thereby,  patents  may  issue  in  pursuance  of 
the  provisions  of  this  chapter;  and  all  patents  for  raining  claims 
upon  veins  or  lodes  heretofore  issued  shall  convey  all  the  rights 
and  privileges  conferred  by  this  chapter  where  no  adverse  rights 
existed  on  the  tenth  day  of  May,  eighteen  lumdred  and  seventy- 
two. 

Sec.  2329.  Claims  usually  called  "placers,"  including  all  forms 
of  deposit,  excepting  veins  of  quartz  or  other  rock  in  place,  shall 
be  subject  to  entry  and  patent,  under  like  circumstances  and  con- 
ditions, and  upon  similar  proceedings,  as  are  provided  for  vein  or 
lode  claims;  but  where  the  lands  have  been  previously  surveyed 
by  the  United  States,  the  entry  in  its  exterior  limits  shall  conform 
to  the  legal  subdivisions  of  the  public  lands. 

Sec.  2330.  Legal  subdivisions  of  forty  acres  may  be  subdivided 
into  ten-acre  tracts;  and  two  or  more  persons,  or  associations  of 
persons,  having  contiguous  claims  of  any  size,  although  such  claims 
may  be  less  than  ten  acres  each,  may  make  joint  entry  thereof; 
but  no  location  of  a  placer  claim,  made  alter  the  ninth  day  of  July, 
eighteen  hundred  and  seventy,  shall  exceed  one  hundred  and 
sixty  acres  for  any  one  person  or  association  of  persons,  which 
location  shall  conform  to  the  United  States  surveys;  and  nothing 
in  this  section  contained  shall  defeat  or  impair  any  hona-fide  pre- 
emption or  homestead  claim  upon  agricultural  lands,  or  authorize 
the  sale  of  the  improvements  of  any  hona-Jlde  settler  to  any 
purchaser. 

Sec.  2331.  "Where  placer  claims  are  upon  surveyed  lands,  and 
conform  to  legal  subdivisions,  no  further  survey  or  plat  shall  be 
required,  and  all  placer-mining  claims  located  after  the  tenth  day 
of  May,  eighteen  hundred  and  seventy-two,  shall  conform  as  near 
as  practicable  with  the  United  States  system  of  public-land  surveys, 
and  the  rectangular  subdivisions  of  such  surveys,  and  no  such 
location  shall  include  more  than  twenty  acres  for  each  individua 
claimant;  but  where  placer  claims  cannot  be  conformed  to  legal 
subdivisions,  survey  and  plat  shall  be  made  as  on  unsurveyed 
lands;  and  where  by  the  segregation  of  mineral  lands  in  any 
legal  subdivision  a  quantity  of  agricultural  land  less  than  fortv 
acres  remains,  such  fractional  portion  of  agricultural  land  may  be 
entered,  by  any  party  qualified  by  law,  for  homestead  or  pre-emp- 
tion purposes. 

Sec.  2332.  "Whei'e  such  person  or  association,  they  and  their 
grantors,  have  held  and  worked  their  claims  for  a  period  equal  to 


54  MINING    LAWS. 

the  time  prescribed  by  tlie  statute  of  limitations  for  mining  claims 
of  the  State  or  Territory  where  the  same  may  be  situated,  evi- 
dence of  such  possession  and  working  of  the  claims  for  such 
period  shall  be  sufficient  to  establish  a  right  to  a  patent  thereto 
under  this  chapter,  in  the  absence  of  any  adverse  claim;  but  noth- 
ing in  this  chapter  shall  be  deemed  to  impair  any  lien  which  may 
have  attached  in  any  way  whatever  to  any  mining  claim  or  prop- 
erty thereto  attached  prior  to  the  issuance  of  a  patent. 

Sec.  2333.  Where  the  same  person,  association,  or  corporation 
is  in  possession  of  a  placer  claim,  and  also  a  vein  or  lode  included 
within  the  boundaries  thereof,  application  shall  be  made  for  a 
patent  for  the  placer  claim,  with  the  statement  that  it  includes 
such  vein  or  lode,  and  in  such  case  a  patent  shall  issue  for  the 
placer  claim,  subject  to  the  provisions  of  this  chapter,  including 
such  vein  or  lode,  upon  the  payment  of  five  dollars  per  acre  for 
such  vein  or  lode  claim,  and  twenty-five  feet  of  surface  on  each 
side  thereof.  The  remainder  of  the  placer  claim,  or  any  placer 
claim  not  embracing  any  vein  or  lode  claim,  shall  be  paid  for  at 
the  rate  of  two  dollars  and  fifty  cents  per  acre,  together  with  all 
costs  of  proceedings;  and  where  a  vein  or  lode,  such  as  is  described 
in  section  twenty-three  hundred  and  twenty,  is  known  to  exist 
within  the  boundaries  of  a  placer  claim,  an  application  for  a  patent 
for  such  placer  claim  which  does  not  include  an  application  for  the 
vein  or  lode  claim  shall  be  construed  as  a  conclusive  declaration 
that  the  claimant  of  the  placer  claim  has  no  right  of  possession  of 
the  vein  or  lode  claim;  but  where  the  existence  of  a  vein  or  lode 
in  a  placer  claim  is  not  known,  a  patent  for  the  placer-claim  shall 
convey  all  valuable  mineral  and  other  deposits  within  the  bound- 
aries thereof. 

Sec.  2334.  The  Surveyor-General  of  the  United  States  may 
appoint  in  each  land-district  containing  mineral  lands  as  many 
competent  surveyors  as  shall  apply  for  appointment  to  survey 
mining  claims.  The  expenses  of  the  survey  of  vein  or  lode  claims, 
and  the  survey  and  subdivision  of  placer  claims  into  smaller  quan- 
tities than  one  hundred  and  sixty  acres,  together  with  the  cost 
of  publication  of  notices,  shall  be  paid  by  the  apjdicants,  and 
they  shall  be  at  liberty  to  obtain  the  same  at  the  most  reasonable 
rates,  and  they  shall  also  be  at  liberty  to  employ  any  United 
States  Deputy  Surveyor  to  make  the  survey.  The  Commissioner 
of  the  G-eneral  Land-Office  shall  also  have  power  to  establish  the 
maximum  charges  for  surveys   and  publication  of  notices  under 


MINING    LAWS.  55 

this  chapter;  and,  in  case  of  excessive  charges  for  publication,  he 
may  designate  anj  newspaper  published  in  a  land-district  where 
mines  are  situated  for  the  publication  of  mining  notices  in  such 
district,  and  fix  the  rates  to  be  charged  by  such  paper;  and,  to  the 
end  that  the  Commissioner  may  be  fnlly  informed  on  the  subject, 
each  applicant  shall  file  with  the  register  a  sworn  statement  of  all 
charges  and  fees  paid  by  such  applicant  for  publication  and  sur- 
veys, together  with  all  fees  and  money  paid  the  register  and 
the  receiver  of  the  land-ofiice,  which  statement  shall  be  transmit- 
ted, with  the  other  papers  in  the  case,  to  the  Commissioner  of 
the  General  Land-Ofiice. 

Sec.  2335.  All  affidAivits  required  to  be  made  under  this  chapter 
may  he  verified  before  any  officer  authorized  to  administer  oaths 
vyithin  the  land-district  where  the  claims  may  he  situated,  and  all 
testimony  and  proofs  may  be  taken  before  any  such  officer,  and, 
when  duly  certified  by  the  officer  taking  the  same,  shall  have  the 
same  force  and  effect  as  if  taken  before  the  register  and  receiver  of 
the  land-office.  In  cases  of  contest  as  to  the  mineral  or  agricultural 
character  of  the  land,  the  testimony  and  proofs  may  be  taken  as 
herein  provided  on  personal  potice  of  at  least  ten  days  to  the 
opposing  party;  or  if  such  party  cannot  be  found,  then  by  publica- 
tion of  at  least  once  a  week  for  thirty  days  in  a  newspaper,  to  be 
designated  by  the  register  of  the  land-office  as  published  nearest  to 
the  location  of  such  land;  and  the  register  shall  require  pvoof  that 
such  notice  has  been  given. 

Sec.  2336.  Where  two  or  more  veins  intersect  or  cross  each 
priority  of  title  shall  govern\  and  such  prior  location  shall  be  en- 
titled to  all  ore  or  mineral  contained  within  the  space  of  intersec- 
tion; but  the  subsequent  location  shall  have  the  right  of  way 
through  the  space  of  intersection  for  the  pui-jDoses  of  the  convenient 
working  of  the  mine.  And  where  two  or  more  veins  unite,  the 
oldest  or  prior  location  shall  take  the  vein  below  the  point  of  union, 
including  all  the  space  of  intersection. 

Sec.  2337.  Where  non-mineral  land  not  contiguous  to  the  vein 
or  lode  is  used  or  occupied  by  the  proprietor  of  such  vein  or  lode 
for  mining  or  milling  purposes,  such  non-adjacent  surface  ground 
may  be  embraced  and  included  in  an  application  for  a  patent  for 
such  vein  <ir  lode,  and  the  same  may  be  patented  therewith,  subject 
to  the  same  preliminary  requirements  as  to  survey  and  notice  as 
are  applicable  to  veins  or  lodes;  but  no  location  hereafter  made  of 
such  non-adjacent  land  shall  exceed  five  acres,  and  payment  for  the 


56  MINING    LAWS. 

same  must  be  made  at  the  same  rate  as  fixed  by  this  chapter  for 
the  superficies  of  the  lode.  The  owner  of  a  quartz-mill  or  reduc- 
tion-works, not  owning  a  mine  in  connection  therewith,  may  also 
receive  a  patent  for  liis  mill  site,  as  provided  in  this  section. 

Sec.  283S.  As  a  condition  of  sale,  in  the  absence  of  necessary 
legislation  by  Congress,  the  local  Legislature  of  any  State  or  Territory 
may  provide  rules  for  working  mines,  involving  easements,  drain- 
age, and  othtr  necessary  means  to  their  complete  development; 
and  those  conditions  shall  be  fully  expressed  in  the  patent. 

Sec.  2339.  Whenever,  by  priority  of  possession,  rights  to  the 
use  of  water  for  mining,  agricultural,  manufacturing,  or  other  j^ur- 
poses,  have  vested  and  accrued,  and  the  same  are  recognized  and 
acknowledged  by  the  local  customs,  laws,  and  the  decisions  of 
courts,  the  possessors  and  owners  of  such  vested  rights  shall  be 
mainta'ned  and  protected  in  the  same;  and  the  right  of  way  for  the 
construction  of  ditches  and  canals  for  the  purposes  herein  specified 
is  acknowledged  and  confirmed;  but  whenever  any  person,  in  the 
construction  of  any  ditch  or  canal,  injures  or  damages  the  pos- 
session of  any  settler  on  the  ])ublic  domain,  the  party  committing 
such  injury  or  damage  shall  be  liable  to  the  party  injured  for  such 
injury  or  damage. 

Sec.  2340.  All  patents  granted,  or  pre-emption  or  homesteads 
allowed,  shall  be  subject  to  any  vested  and  accrued  water-rights, 
or  rights  to  ditches  and  reservoirs  used  in  connection  with  such 
water  rights,  as  may  have  been  acquired  under  or  recognized  by 
the  preceding  section. 

Sec.  2341.  Wherever,  upon  the  lands  heretofore  designated  as 
mineral  lands,  which  have  been  excluded  from  survey  and  sale, 
there  have  been  homesteads  made  by  citizens  of  the  United  States, 
or  persons  who  have  declared  their  intention  to  become  citizens, 
which  homesteads  have  bsen  made,  improved,  and  used  for  agricult- 
ural purposes,  and  upon  which  there  have  been  no  valuable  mines 
of  gold,  silver,  cinnabar,  or  copper  discovered,  and  which  are  prop- 
erly agricultural  lands,  the  settlers  or  owners  of  such  homesteads 
shall  have  a  right  of  pre-emption  thereto,  and  shall  be  entitled  to 
purchase  the  same  at  the  price  of  one  dollar  and  twenty-five  cents 
per  acre,  and  in  quantity  not  to  exceed  one  hundred  and  sixty 
acres;  or  they  may  avail  themselves  of  the  provisions  of  chapter 
five  of  this  Title,  relating  to  "  Homesteads." 


MINING    LAWS.  57 

Sec.  2342.  Upon  the  survey  of  the  landa  described  in  the 
preceding  section,  the  Secretary  of  the  Interior  may  designate  and 
set  apart  such  portions  of 'the  same  as  are  clearly  agricultural 
lands,  which  lands  shall  thereafter  be  subject  to  pre-emption  aud 
sale  as  other  public  lands,  and  be  subject  to  all  the  laws  and  regula- 
tions applicable  to  the  same. 

Sec.  2343.  The  President  is  authorized  to  establish  additional 
land-districts,  and  to  appoint  the  necessary  officers  under  existing 
laws,  wherever  he  may  deem  the  same  necessary  for  the  public 
convenience  in  executing  the  provisions  of  this  chapter. 

Sec.  2344.  Nothing  contained  in  this  chapter  sliall  be  construed 
to  impair,  in  any  way,  rights  or  interests  in  mining  property 
acquired  under  existing  laws;  nor  to  affect  the  provisions  of  the 
act  entitled,  "An  act  granting  to  A.  Sutro  the  right  of  way  and 
other  privileges  to  aid  in  the  construction  of  a  draining^  and  explor- 
ing tunnel  to  theComstock  lode,  in  the  State  of  Nevada,"  approved 
July  twenty-five,  eighteen  hundred  and  sixty-six. 

Sec.  2345.  The  provisions  of  the  preceding  sections  of  this 
chapter  shall  not  apply  to  the  mineral  lands  situated  in  the  States 
of  Michigan,  Wisconsin,  and  Minnesota,  which  are  declared  free 
and  open  to  exploration  and  purchase  according  to  legal  subdivis- 
ions, in  like  manner  as  before  the  tenth  day  of  May,  eighteen 
hundred  and  seventy-two.  And  any  hona-flde  entries  of  such 
lands  within  the  States  named  since  the  tenth  of  May,  eighteen 
hundred  and  seventy-two,  may  be  patented  without  reference  to 
any  of  the  foregoing  provisions  of  this  chapter.  Such  lands  shall 
be  offered  for  public  sale  in  the  same  manner,  at  the  same  minimum 
price,  and  under  the  same  rights  of  pre-emption  as  other  public 
lands. 

Sec.  2346.  No  act  passed  at  the  first  session  of  the  thirty-eighth 
Congress,  granting  lands  to  States  or  corporations  to  aid  in  the 
construction  of  roads,  or  for  other  purposes,  or  to.extend  the  time 
of  grants  made  prior  to  the  thirtieth  day  of  January,  eighteen 
hundred  and  sixty-five,  shall  be  so  construed  as  to  embrace  min- 
eral lands,  which  in  all  cases  are  reserved  exclusively  to  the 
United  States,  unless  otherwise  specially  provided  in  the  act  or 
acts  making  the  grant. 

The  following  is  an  act  of  Congress  approved  June  6,  1874: 
AN  ACT  to  amend  the  act  entitled,  "An  act  to  promote  the   development  of 
the  mining  resources  of  the  United  States,"   passed  May  tenth,  eighteen 
hundred  and  seventy -two. 

Be  it  enacted  hy  the  Senate  a.nd  House  of  Representatives  of  the 


58  MINING    LAAVS. 

United  States  of  America  in  Congress  assembled,  That  the  provis- 
ions of  the  fifth  section  of  the  act  entitled,  "An  act  to  promote  the 
development  of  the  mining  resources  of  the  United  States,  passed 
May  tenth,  eighteen  hundred  and  seventy-two,  which  requires 
expenditures  of  labor  and  improvements  on  claims  located  prior 
to  the  passage  of  said  act,  are  hereby  so  amended  that  the  time 
for  the  first  annual  expenditure  on  claims  located  prior  to  the 
passage  of  said  act  shall  be  extended  to  the  first  day  of  January, 
eighteen  hundred  and  seventy-five. 

The  following  is  an  act  of  Congress  approved  February  11, 1875: 
AN  ACT  to  amend  section  two   thousand   three   hundred    and  twenty-four    of 

the  Revised  Statutes,  relating  to  the  development  of  the  mining  resources 

of  the  United  States. 
Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of  the 
United  States  of  Ainerica  in  Congress  assembled.  That  section  two 
thousand  three  hundred  and  twenty-four  of  the  Revised  Statutes 
be,  and  the  same  is  hereby,  amended  so  that  where  a  person  or 
company  has  or  may  run  a  tunnel  for  the  purposes  of  developing 
a  lode  or  lodes,  owned  by  said  person  or  company,  the  money  so 
expended  in  said  tunnel  shall  be  taken  and  considered  as  expended 
on  said  lode  or  lodes,  whetlier  located  prior  to  or  since  the  passage 
of  said  act,  and  such  person  or  company  shall  not  be  required  to 
perform  work  on  the  surface  of  said  lode  or  lodes  in  order  to  hold 
the  same  as  required  by  said  act. 

The  following  is  an  act  of  Congress  approved  May  5,  1876: 
AN  ACT  to  exclude  the  States  of  Missouri  and  Kansas  from  the  provisions  of 

the  act  of  Congress  entitled,   "An  act  to  promote  the  development  of  the 

mining  resources  of  the  United  States,"  approved  May  tenth,  eighteen  hun. 

dred  and  seventy-two. 
Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  witiiin  the> 
States  of  Missouri  and  Kansas  deposits  of  coal,  iron,  lead,  or  other 
mineral  be,  and  they  are  hereby,  excluded  from  the  operation  of 
the  act  entitled,  "An  act  to  promote  the  development  of  tlie  mining 
resources  of  the  United  States,"  approved  May  tenth,  eighteen 
hundred  and  seventy-two,  and  all  lands  in  said  States  shall  be 
subject  to  disposal  as  agricultural  lands. 

The  following  is  an  act  of  Congress  approved  June  3,  1878: 
AN  ACT  authorizing  the  citizens  of  Colorado,  Nevada,  and  the  'Territories  to 
fell  and  remove  timber  on  the  public  domain  for  mining  and  domestic  pur- 
poses . 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of  the 


MINING    LAWS.  59 

United  States  of  America  in  Congress  assembled.  That  all  citizens 
of  the  United  States  and  other  persons,  hona-fide  residents  of  the 
State  of  Colorado  or  Nevada,  or  either  of  the  Territories  of  New 
Mexico,  Arizona,  Utah,  Wyoming,  Dakota,  Idaho,  or  Montana, 
and  all  other  mineral  districts  of  the  United  States,  shall  be,  and 
are  hereby,  authorized  and  permitted  to  fell  and  remove,  for  build- 
ing, agricultural,  mining,  or  other  domestic  purposes,  any  timber 
or  other  trees  growing  or  being  on  the  public  lands,  said  lands 
being  minei'al,  and  not  subject  to  entry  under  existing  laws  of  the 
United  States,  except  for  mineral  entry,  in  either  of  said  States, 
Territories,  or  districts  of  which  such  citizens  or  persons  may  be  at 
the  time  hona-fide  residents,  subject  to  such  rules  and  regulations 
as  the  Secretary  of  the  Interior  may  prescribe  for  the  protection 
of  the  timber  and  of  the  undergrowth  growing  upon  such  lands, 
and  for  other  purposes:  Provided.  The  provisions  of  this  act  shall 
not  extend  to  railroad  corporations. 

Sec.  2.  That  it  shall  be  the  duty  of  the  register  and.  the  receiver 
of  any  local  land-office  in  whose  district  any  mineral  land  may  be 
situated,  to  ascertain  from  time  to  time  whether  any  timber  is 
being  cut  or  used  upon  any  such  lands,  except  for  the  purposes 
authorized  by  this  act,  within  their  respective  land-districts;  and, 
if  so,  they  shall  immediately  notify  the  Commissioner  of  the 
General  Land-Office  of  that  fact;  and  all  necessary  expenses  in- 
curred in  making  such  proper  examinations  shall  be  paid  and 
allowed  such  register  and  receiver  in  making  up  their  next  quar- 
terly accounts. 

Sec.  '3.  Any  person  or  persons  who  shall  violate  the  provisions 
of  this  act,  or  any  rules  and  regulations  in  pursuance  thereof  made 
by  the  Secretary  of  the  Interior,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction,  shall  be  fined  in  any  sum  not 
exceeding  five  hundred  dollars,  and  to  which  may  be  added  im- 
prisonment for  any  term  not  exceeding  six  months. 

The  following  is  an  act  of  Congress  approved  January  22, 1880: 
AN  ACT  to  ameud  sections  twenty -three  hundred  and  twenty-four  and  twenty- 
three  and  twentj'-five  of  the  Revised  Statutes  of  the  United  States  concerning 
mineral  lands. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  section 
twenty-three  hundred  and  twenty-five  of  the  Revised  Statutes  of 
the  United  States  be  amended  by  adding  thereto  the  following 
words:  "  Provided,  That  where  the  claimant  for  a  patent  is  not  a 


60  MINING   TITLES. 

resident  of  or  within  the  land-district  wherein  the  vein,  lode, ledge, 
or  deposit  sought  to  be  patented  is  located,  the  application  for 
patent  and  the  affidavits  required  to  be  made  in  this  section  bj  the 
claimant  for  such  patent  may  be  made  by  his,  her,  or  its  author- 
ized agent,  where  said  agent  is  conversant  with  the  facts  sought  to 
be  established  by  said  affidavits:  And  provided^  That  this  section 
shall  apply  to  all  applications  now  pending  for  patents  to  mineral 
lands." 

Sec.  2.  That  section  twenty-three  hundred  and  twenty-four  of 
the  Revised  Statutes  of  the  United  States  be  amended  by  adding 
the  following  words:  '■'Provided^  That  the  period  within  which 
the  work  required  to  be  done  annually  on  all  unpatented  mineral 
claims  shall  commence  on  the  first  day  of  January  succeeding  the 
date  of  location  of  such  claim,  and  this  section  shall  apply  to  all 
claims  located  since  the  tenth  day  of  May,  Anno  Domini  eighteen 
hundred  and  seventy-two." 

The  following  is  an  act  of  Congress  approved  March  3,  1881: 

AN  ACT  to  amend  section  twenty-three  hundred  and  twenty-six  of  the  Revised 
Statutes  relating  to  suits  at  law  affecting  the  title  to  mining  claims. 

JBe  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  if,  in  any 
action  brought  pursuant  to  section  twenty-three  hundred  and 
twenty-six  of  the  Revised  Statutes,  title  to  the  ground  in  contro- 
versy shall  not  be  established  by  either  party,  the  jury  shall  so  find, 
and  judgment  shall  be  entered  according  to  the  verdict.  In  such 
case  costs  shall  not  be  allowed  to  either  party,  and  the  claimant 
shall  not  proceed  in  the  land-office  or  be  entitled  to  a  patent  for 
the  ground  in  controversy  until  he  shall  have  perfected  his  title. 

Mineral  Lands  Open  to  Exploration,  Occupation,  and 

Purchase. 

1.  It  will  be  perceived  that  by  the  foregoing  provisions  of  law 
the  mineral  lands  in  the  public  domain,  surveyed  or  unsurveyed, 
are  open  to  exploration,  occupation,  and  purchase,  by  all  citizens  of 
the  United  States  and  all  those  who  have  declared  their  intention 
to  become  such. 

Statutes  of  Lode-Claims  Located  Prior  to  May  10,  1872. 

2.  By  an  examination  of  the  several  sections  of  the  Revised 
Statutes,  it  will  be  seen    that  the  status  of  lode  claims,  located 


HOW   OBTAINED.  •  Qt 

previous  to  the  10th  May,  1872,  is  not  changed  with  regard  to  their 
extent  along  the  lode  or  width  of  surface. 

3.  Mining  rights  acquired  under  such  previous  locations  are, 
however,  enlarged  bj  said  Revised  Statutes  in  the  following  re- 
spect; viz..  The  locators  of  all  such  previously  taken  veins  or  lodes, 
their  heirs  and  assigns,  so  long  as  they  comply  with  the  laws  of 
Congress  and  with  State,  Territorial,  or  local  regulations  not  in 
conflict  therewith,  governing  mining  claims,  are  invested  with  the 
exclusive  possessory  right  of  all  the  surface  included  within  the 
lines  of  their  locations,  arid  of  all  veins,  lodes,  or  ledges  through- 
out their  entire  depth,  the  top  or  apex  of  which  lies  inside  of  such 
surface-lines  extended  downward  vertically,  although  such  veins, 
lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  in  their 
course  downward  as  to  extend  outside  the  vertical  side-lines  of 
such  locations  at  the  surface;  it  being  expressly  provided,  how- 
ever, that  the  right  of  possession  to  such  outside  parts  of  said  veins 
or  ledges  shall  be  confined  to  such  portions  thereof  as  lie  between 
vertical  planes  drawn  downward  as  aforesaid  through  the  end-lines 
of  their  locations  so  continued  in  their  own  direction  that  such 
planes  will  intersect  such  exterior  parts  of  such  veins,  lodes,  or 
ledges;  no  right  being  granted,  however,  to  the  claimant  of  such 
outside  portion  of  a  vein  or  ledge  to  enter  upon  the  surface  loca- 
tion of  another  claimant. 

4.  It  is  to  be  distinctly  understood,  however,  that  the  law  limits 
the  possessory  right  to  veins,  lodes,  or  ledges,  other  than  the  one 
named  in  the  original  location,  to  such  as  were  not  adversely 
claimsd  on  May  10,  1872,  and  that  where  such  other  vein  or  ledge 
was  so  adversely  claimed  at  that  date,  the  right  of  the  party  so  ad- 
versely claiming  is  in  no  way  impaired  by  the  provisions  of  the 
Revised  Statutes. 

5.  In  order  to  hold  the  possessory  title  to  a  mining  claim 
located  prior  to  May  10,  1872,  and  for  which  a  patent  has  not  been 
issued,  the  law  requires  that  ten  dollars  shall  be  expended  annu- 
ally in  labor  or  improvements  on  each  claim  of  one  hundred  feet 
on  the  course  of  the  vein  or  lode  until  a  patent  shall  have  been 
issued  therefor;  but  where  a  number  of  such  claims  are  held  in 
common  upon  the  same  vein  or  lode  the  aggregate  expenditure  . 
that  would  be  necessary  to  hold  all  the  claims,  at  the  rate  of  ten 
dollars  per  hundred  feet,  may  be  made  upon  any  one  claim;  a 
failure  to  comply  with  this  requirement  in  any  one  year  subjecting 


62  PATENTS    FOR    VEINS    OR    LODES. 

the  claim  upon  which  such  failure  occurred  to  relocation  by  other 
parties,  the  same  as  if  no  previous  location  thereof  had  ever  been 
made,  unless  the  claimants  under  the  orisfinal  location  shall  have 
resumed  work  thereon  after  such  failure  and  before  such  relocation. 
The  tirst  annual  expenditure  upon  claims  of  this  class  should  have 
been  performed  subsequent  to  May  10, 1872,  and  prior  to  January  1, 
1875.  From  and  after  January  1,  1875,  the  required  amount  must 
be  expended  annually  until  patent  issues.  By  decision  of  the 
honorable  Secretary  of  the  Interior,  dated  March  4,  1879,  such 
annual  expenditures  are  not  required  subsequent  to  entry,  the  date 
of  issuing  the  patent  certificate  being  the  date  contemplated  by 
statute. 

6.  Upon  the  failure  or"  any  one  of  several  co-owners  of  a  vein, 
lode,  or  ledge,  which  has  not  been  entered,  to  contribute  his  pro- 
portion of  the  expenditures  necessary  to  hold  the  claim  or  claims  so 
held  in  ownership  in  common,  the  co-owners  who  have  performed 
the  labor,  or  made  the  improvements,  as  required  by  said  Revised 
Statutes,  may,  at  the  expiration  of  the  year,  give  such  delinquent 
co-owner  personal  notice  in  writing,  or  notice  by  publication  in  the 
newspaper  published  nearest  the  claim,  for  at  least  once  a  week  for 
ninety  days;  and  if  upon  the  expiration  of  ninety  days  after  such 
notice  in  writing,  or  upon  the  expiration  of  one  hundred  and  eighty 
days  after  the  first  newspaper  publication  of  notice,  the  delinquent 
co-owner  shall  have  failed  to  contribute  his  proportion  to  meet 
such  expenditures  or  improvements,  his  interest  in  the  claim  by 
law  passe?  to  his  co-owners,  who  have  made  the  expenditures  or 
improvements  as  aforesaid.  Where  a  claimant  alleges  ownership 
of  a  forfeited  interest  under  the  foregoing  provision,  the  sworn 
statement  of  the  publisher  as  to  the  facts  of  publication,  giving 
dates  and  a  printed  copy  of  the  notice  published,  should  be  fur- 
nished, and  the  claimant  must  swear  that  the  delinquent  co-owner 
failed  to  contribute  his  Droper  proportion  within  the  period  fixed  by 
the  statute. 

Patents  for  Veins  or  Lodes  Heretofore  Issued. 

7.  Rights  under  patents  for  veins  or  lodes  heretofore  granted 
under  previous  legislation  of  Congress  are  enlarged  by  the  Revised 
Statutes  so  as  to  invest  the  patentee,  his  heirs  or  assigns,  with  title 
to  all  veins,  lodes,  or  ledges,  throughout  their  entire  depth,  the  top 
or  apex  of  which  lies   within  the  end  and  side   boundary-lines  of 


LOCATING    CLAIMS.  63 

his  claim  on  the  surface,  as  patented,  extended  downward  ver- 
tically, although  such  veins,  lodes,  or  ledges  may  so  far  depart 
from  a  j^erpendicular  in  their  course  downward  as  to  extend  out- 
side the  vertical^  side-lines  of  the  claim  at  the  surface,  the  right 
of  possession  to  such  outside  parts  of  such  veins  or  ledges  to  be 
confined  to  such  portions  thereof  as  lie  between  vertical  planes 
drawn  downward  through  the  end-lines  of  the  claims  at  the  sur- 
face, so  continued  in  their  own  direction  that  such  planes  will 
intersect  such  exterior  parts  of  such  veins  or  ledges;  it  being  ex- 
pressly provided,  however,  that  all  veins,  lodes,  or  ledges,  the  top 
or  apex  of  which  lies  inside  such  surface  locations,  other  than  the 
one  named  in  the  patent,  which  were  adversely  claimed  on  the 
10th  May,  1872,  are  excluded  from  such  conveyance  bv  patent. 

8.  Applications  for  patents  for  mining-claims  pending  at  the 
date  of  the  act  of  May  10,  1872,  may  be  prosecuted  to  final  decision 
in  the  General  Land-Ofiice,  and  where  no  adverse  rights  are  af- 
fected thereby,  patents  will  be  issued  in  pursuance  of  the  provisions 
of  the  Revised  Statutes. 

Manner  of  Locating  Claims  on  Veins  or  Lodes. 

9.  From  and  after  the  10th  May,  1872,  any  person  who  is  a 
citizen  of  the  United  States  or  who  has  declared  his  intention  to 
become  a  citizen,  may  locate,  record,  and  hold  a  mining  claim  of 
fifteen  hundred  linear  feet  along  the  course  of  any  mineral  vein  or 
lode  subject  to  location;  or  an  association  of  persons,  severally 
qualified  as  above,  may  make  joint  location  of  such  claim  oi fifteen 
hundred  feet,  but  in  no  event  can  a  location  of  a  vein  or  lode 
made  subsequent  to  May  10,  1872,  exceed  fifteen  hundred  feet 
along  the  course  thereof,  whatever  may  be  the  number  of  persons 
composing  the  association. 

10.  With  regard  to  the  extent  of  surface-ground  adjoining  a  vein 
or  lode,  and  claimed  for  the  convenient  working  thereof,  the  Re- 
vised Statutes  provide  that  the  lateral  extent  of  locations  of  veins 
or  lodes  made  after  May  10,  1872,  shall  in  no  case  exceed  three 
hundred  feet  on  each  side  of  the  middle  of  the  'vein  at  the  surface, 
and  that  no  such  surface  rights  shall  be  limited  by  any  mining  reg- 
ulations to  less  than  twenty-five  f^et  on  each  side  of  the  middle  of 
the  vein  at  the  surface,  except  where  adverse  rights  existing  on  the 
10th  of  May,  1872,  may  render  such  limitations  necessary,  the 
end-lines  of  such  claims  to  be  in  all   cases   parallel  to  each  other. 


64  MINES. 

Said  lateral  measurements  cannot  extend  beyond  three  hundred 
feet  on  either  side  of  the  middle  of  the  vein  at  the  surface,  or  such 
distance  as  is  allowed  by  local  laws.  For  example:  400  feet  can- 
not be  taken  on  one  side  and  200  feet  on  the  other.  If,  however, 
300  feet  on  each  side  are  allowed,  and  by  reason  of  prior  claims 
but  100  feet  can  be  taken  on  one  side,  the  locator  will  not  be  re- 
stricted to  less  than  300  feet  on  the  other  side;  and  when  the  loca- 
tor does  not  determine  by  exploration  where  the  middle  of  the  vein 
at  the  surface  is,  his  discovery  shaft  must  be  assumed  to  mark  such 
point. 

11.  ^^  the  foregoing  it  will  be  perceived  that  no  lode  claim 
located  after  the  lOtli  May,  1872,  can  exceed  a  parallelogram 
fifteen  hundred  feet  in  length  by  six  hundred  feet  in  width,  but 
whether  surface-ground  of  that  width  can  be  taken,  depends  upon 
the  local  regulations,  or  State  or  Territorial  laws  in  force  in  the 
several  mining  districts;  and  that  no  such  local  regulations  or  State 
or  Territorial  laws  shall  limit  a  vein  or  lode  claim  to  less  than 
fifteen  hundred  feet  along  the  course  thereof,  whether  the  location 
is  made  by  one  or  more  persons,  nor  can  surface  rights  be  limited 
to  less  than  fifty  feet  in  width,  unless  adverse  claims  existing  on 
the  10th  day  of  May,  1872,  render  such  lateral  limitation  neces- 
sary. 

12.  It  is  provided  by  the  Revised  Statutes  that  the  miners  of 
each  district  may  make  rules  and  regulations  not  in  conflict  with 
the  laws  of  the  United  States,  or  of  the  State  or  Territory  in 
which  such  districts  are  respectively  situated,  governing  the  loca- 
tion, manner  of  recording,  and  amount  of  work  necessary  to  hold 
possession  of  a  claim.  They  likewise  require  that  the  location 
shall  be  so  distinctly  marked  on  the  ground  that  its  boundaries 
may  be  leadily  traced.  This  is  a  very  important  matter,  and  lo- 
cators cannot  exercise  too  much  care  in  defining  their  locations  at 
the  outset,  inasmuch  as  the  law  requires  that  all  records  of 
mining  locations  made  subsequent  to  May  10,  1872,  shall  contain 
the  name  or  names  of  the  locators,  the  date  of  the  location,  and 
such  a  description  of  the  claim  or  claiinn  located,  by  reference  to 
some  natural  object  or  permanent  monument,  as  will  identify  the 
claim. 

13.  The  statutes  provide  that  no  lode  claim  shall  be  recorded 
until  after  the  discovery  of  a  vein  or  lode  within  the  limits  of  the 
claim  located,  the  object  of  which  provision  is  evidently  to  prevent 
the  appropriation  of  presumed  mineral  ground  for  speculative  pur- 


LOCATING  CLAIMS.  .  65 

poses  to  the  exclusion  of  hona-fde  prospectors,  before  sufficient 
work  has  been  done  to  determine  whether  a  vein  or  lode  really 
exists. 

14.  The  claimant  should,  therefore,  prior  to  locating  his  claim, 
unless  the  vein  can  be  traced  upon  the  surface,  sink  a  shaft,  or  run 
a  tunnel  or  drift,  to  a  sufficient  depth  therein  to  discover  and  de- 
velop a  mineral-bearing  vein,  lode,  or  crevice;  should  determine, 
impossible,  the  general  course  of  such  vein  in  either  direction  from 
the  point  of  discovery,  by  which  direction  he  will  be  governed  in 
marking  the  boundaries  of  his  claim  on  the  surface.  His  location 
notice  should  give  the  course  and  distance  as  nearly  as  practicable 
from  the  discovery  shaft  on  the  claim,  to  some  permanent,  well- 
known  points  or  objects,  such,  for  instance,  as  stone  monuments, 
blazed  trees,  the  confluence  of  streams,  point  of  intersection  of  well- 
known  gulches,  ravines,  or  roads,  prominent  buttes,  hills,  etc., 
which  may  be  in  the  immediate  vicinity,  and  which  will  serve  to 
perpetuate  and  fix  the  locus  of  the  claim  and  render  it  susceptible 
of  identification  from  the  description  thereof  given  in  the  record  of 
locations  in  the  district,  and  should  be  duly  recorded. 

15.  In  addition  to  the  foregoing  data,  the  claimant  should  state 
the  names  of  adjoining  claims,  or,  if  none  adjoin,  the  relative  posi- 
tions of  the  nearest  claims;  should  drive  a  post  or  erect  a  monn- 
ment  of  stones  at  each  corner  of  his  surface-ground,  and  at  the 
point  of  discovery  or  discovery-shaft  should  fix  a  post,  stake  or 
board,  upon  which  should  be  designated  the  name  of  the  lode,  the 
name  or  names  of  the  locators,  the  number  of  feet  claimed,  and  in 
which  direction  from  the  point  of  discovery ;  it  being  essential  that 
the  location  notice  tiled  for  record,  in  addition  to  the  foregoing 
description,  should  state  whether  the  entire  claim  of  fifteen  hun- 
dred feet  is  taken  on  one  side  of  the  point  of  discovery,  or  whether 
it  is  partly  upon  one  and  partly  upon  the  other  side  thereof,  and  in 
the  latter  case,  how  many  feet  are  claimed  upon  each  side  of  such 
discovery-point. 

16.  "Within  a  reasonable  time,  say  twenty  days  after  the  loca- 
tion shall  have  been  marked  on  tlie  ground,  or  such  time  as  is 
allowed  by  the  local  laws,  notice  thereof,  accurately  describing  the 
claim  in  manner  aforesaid,  should  be  filed  for  record  with  the 
proper  recorder  of  the  district,  who  will  thereupon  issue  the  usual 
certificate  of  location. 

lY.  In  order  to  hold  the  possessory  right  to  a  location  made 
since  May  10,  1872,  not  less  than  one  hundred   doUai's'  worth  of 


66  TUNNEL    RIGHTS. 

labor  must  be  performed,  or  improvements  made  thereon  annually 
until  entrj  shall  have  been  made.  Under  the  provisions  of  the 
act  of  Congress  approved  January  22,  1880,  the  first  annual  ex- 
penditure becomes  due  and  must  be  performed  during  the  calendar 
year  succeeding  that  in  which  the  location  was  made.  Expendi- 
ture made  or  labor  performed  prior  to  the  first  day  of  January  suc- 
ceeding the  date  of  location  will  not  be  considered  as  a  part  of,  or 
applied  upon,  the  first  annual  expenditure  required  bylaw.  Fail- 
ure to  make  the  expenditure  or  perform  the  labor  required  will 
subject  the  claim  to  re-location  by  any  other  party  having  the 
necessary  qualifications,  unless  the  original  locator,  his  heirs,  as- 
signs or  legal  representatives  have  resumed  work  thereon  after 
such  failure  and  before  such  relocation. 

18.  The  expenditures  required  upon  mining  claims  may  be  made 
from  the  surface  or  in  running  a  tunnel  for  the  development  of  such 
claims,  the  act  of  February  11,  1875,  providing  that  where  a  per- 
son or  company  has,  or  may,  run  a  tunnel  for  the  purpose  of  devel- 
oping a  lode  or  lodes  owned  by  said  person  or  company,  the  money 
so  expended  in  said  tunnel  shall  be  taken  and  considered  as  ex- 
pended on  said  lode  or  lodes,  and  such  person  or  company  shall 
not  be  required  to  perform  work  on  the  surface  of  said  lode  or  lodes 
in  order  to  hold  the  same. 

19.  The  importance  of  attending  to  these  details  in  the  matter 
of  location,  labor,  and  expenditure,  will  be  the  more  readily  per- 
ceived when  it  is  understood  that  a  failure  to  give  the  subject 
proper  attention  may  invalidate  the  claim. 

Tunnel  Rights. 

20o  Section  2323  provides  that  where  a  tunnel  is  run  for  the  de- 
velopment of  a  vein  or  lode,  or  for  the  discovery  of  mines,  the 
owners  of  such  tunnel  shall  have  the  right  of  possession  of  all 
veins  or  lodes  within  three  thousand  feet  from  the  face  of  such  tun- 
nel on  the  line  thereof,  not  previously  known  to  exist,  discovered 
in  such  tunnel,  to  the  same  extent  as  if  discovered  from  the  sur. 
face;  and  locations  on  the  line  of  such  tunnel  of  veins  or  lodes 
not  appearing  on  the  surface,  made  by  other  parties  after  the  com- 
mencement of  the  tunnel,  and  while  the  same  is  being  prosecuted 
with  reasonable  diligence,  shall  be  invalid;  but  failure  to  prosecute 
the  work  on  the  tunnel  for  six  months  shall  be  considered  as  an 
abandonment  of  the  right  to  all  undiscovered  veins  or  lodes  on  the 
line  of  said  tunnel. 


TUNNEL  EIGHTS.  .  67 

21.  The  effect  of  this  is  simply  to  give  the  proprietors  of  a  min- 
ing tannel  run  in  good  faith  the  possessory  right  to  fifteen  hundred 
feet  of  any  blind  lodes  cut,  discovered,  or  intersected  by  such  tun- 
nel, which  were  not  known  previously  to  exist,  within  three  thou- 
sand feet  from  the  face  or  point  of  commencement  of  snch  tunnel, 
and  to  prohibit  other  parties,  after  the  commencement  of  the  tunnel, 
from  prospecting  for  and  making  locations  of  lodes  on  the  line 
thereof  and  within  said  distance  of  three  thousand  feet,  unless  such 
lodes  appear  upon  the  surface  or  were  previously  known  to  exist. 

22.  The  term  "face,"  as  used  in  said  section,  is  construed  and 
held  to  mean  the  first  working-face  formed  in  the  tunnel,  and  to 
sjo-nify  the  point  at  which  the  tunnel  actually  enters  cover;  it 
being  from  this  point  that  the  three  thousand  feet  are  to  be  counted^ 
upon  which  prospecting  is  prohibited  as  aforesaid. 

23.  To  avail  themselves  of  the  benefits  of  this  provision  of  law, 
the  proprietors  of  a  mining  tunnel  will  be  required,  at  the  time  they 
enter  cover  as  aforesaid,  to  give  proper  notice  of  their  tunnel  loca- 
tion by  erecting  a  substantial  post,  board,  or  monument  at  the  face 
or  point  of  commencement  thereof,  upon  which  shall  be  posted  a 
good  and  suflacient  notice,  giving  the  names  of  the  parties  or  com- 
pany claiming  the  tunnel  right;  the  actual  or  proposed  course  or 
direction  of  the  tunnel;  the  height  and  width  thereof,  and  the  course 
and  distance  from  such  face  or  point  of  commencement  to  some 
permanent  well-known  objects  in  the  vicinity  by  which  to  fix  and 
determine  the  locus  in  manner  heretofore  set  forth  applicable  to 
locations  of  veins  or  lodes,  and  at  the  time  of  posting  such  notice 
they  shall,  in  order  that  miners  or  prospectors  may  be  enabled  to 
determine  whether  or  not  they  are  within  the  lines  of  the  tunnel, 
establish  the  boundary  lines  thereof,  by  stakes  or  monuments  placed 
along  such  lines  at  proper  intervals,  to  the  terminus  of  the  three  thou- 
sand feet  from  the  face  or  point  of  commencement  of  the  tunnel, 
and  the  lines  so  marked  will  define  and  govern  as  to  the  specific 
boundaries  within  which  prospecting  for  lodes  not  previously  known 
to  exist  is  prohibited  while  work  on  the  tunnel  is  being  prosecuted 
with  reasonable  diligence. 

24.  A.t  the  time  of  posting  notice  and  marking  out  the  lines  of 
the  tunnel  aforesaid,  a  full  and  correct  copy  of  such  notice  of  loca- 
tion defininsr  the  tunnel  claim  must  be  filed  for  record  with  the 
mining  recorder  of  the  district,  to  Vhich  notice  must  be  attached 
the  sworn  statement  or  declaration  of  the  owners,  claimants,  or 
projectors  of  such  tunnel,  setting  forth  the  facts  in  the  case;  stating 


68  HOW   TO    OBTAIN 

the  amount  expended  by  themselves  and  their  predecessors  in 
interest  in  prosecuting  work  thereon;  the  extent  of  the  work  per- 
formed, and  that  it  is  bona  Jide  their  intention  to  prosecute  work  on 
the  tunnel  so  located  and  described  with  reasonable  diligence  for 
the  development  of  a  vein  or  lode,  or  for  the  discovery  of  mines, 
or  both,  as  the  case  may  be.  This  notice  of  location  must  be  duly 
recorded,  and,  with  the  said  sworn  statement  attached,  kept  on  the 
recorder's  files  for  future  reference. 

25.  By  a  compliance  with  the  foregoing  much  needless  diificulty 
will  be  avoided,  and  the  way  for  the  adjustment  of  legal  rights 
acquired  in  virtue  of  said  section  2323  will  be  made  more  easy  and 
certain. 

26.  This  office  will  take  particular  care  that  no  improper  advan- 
tage is  taken  of  this  provision  of  law  by  parties  making,  or 
professing  to  make,  tunnel  locations,  ostensibly  for  the  purposes 
named  in  the  statute,  but  really  for  the  purpose  of  monopolizing 
the  lands  lying  in  front  of  their  tunnels  to  the  detriment  of  the 
mining  interests  and  to  the  exclusion  of  hona-fide  prospectors  or 
miners,  but  will  hold  such  tunnel  claimants  to  a  strict  compliance 
with  the  terms  of  the  statutes;  and  a  reasonable  diligence  on  their 
part  in  prosecuting  the  work  is  one  of  the  essential  conditions  of 
their  implied  contract.  Negligence  or  want  of  due  diligence  will 
be  construed  as  working  a  forfeiture  of  their  right  to  all  undiscov- 
ered veins  on  the  line  of  such  tunnel. 

Manner  of  Proceeding  to  Obtain  Government  Title  to  Vein 

or  liOde  Claims. 

27.  By  section  2325  authority  is  given  for  granting  titles  for 
mines  by  patent  from  the  Government  to  any  person,  association, 
or  corporation  having  the  necessary'qualifications  as  to  citizenship 
and  holding  the  right  of  possession  to  a  claim  in  compliance  with 
law. 

28.  The  claimant  is  required  in  the  first  place  to  have  a  correct 
survey  of  his  claim  made  under  authority  of  the  Surveyor-General 
of  the  State  or  Territory  in  which  the  claim  lies;  such  survey  to 
show  with  accuracy  the  exterior  surface  boundaries  of  the  claim, 
which  boundaries  are  required  to  be  distinctly  marked  by  monuments 
on  the  ground .  Four  plats  and  one  copy  of  the  original  field-notes, 
in  each  case,  will  be  prepared  by  the  Surveyor-General:  one  plat  and 
the  original  field-notes  to  be  retained  in  the  office  of  the  Surveyor- 


GOVERNilENT   TITLE.  69 

General;  one  copy  of  the  plat  to  be  given  the  claimant  for  posting 
upon  the  claim;  one  plat  and  a  copy  of  the  field-notes  to  be  given 
the  claimant  for  filing  with  the  proper  register,  to  be  finally  trans- 
mitted by  that  officer,  with  other  papers  in  the  case,  to  this  office, 
and  one  plat  to  be  sent  by  the  Surveyor-General  to  the  register  of 
the  proper  land-district  to  be  retained  on  his  files  for  future  refer- 
ence. 

29.  The  claimant  is  then  required  to  post  a  copy  of  the  plat  of 
such  survey  in  a  conspicuous  place  upon  the  claim,  together  with 
notice  of  his  intention  to  apply  for  a  patent  therefor,  which  notice 
will  give  the  date  of  posting,  the  name  of  the  claimant,  the  name 
of  the  claim,  mine,  or  lode;  the  mining  district  and  county;  whether 
the  location  is  of  record,  and,  if  so,  where  the  record  may  be 
found;  the  number  of  feet  claimed  along  the  vein  and  the  presumed 
direction  thereof;  the  number  of  feet  claimed  on  the  lode  in  each 
direction  from  the  point  of  discovery,  or  other  well-defined  place 
on  the  claim;  the  name  or  names  of  adjoining  claimants  on  the 
same  or  other  lodes;  or,  if  none  adjoin,  the  names  of  the  nearest 
claims,  etc. 

30.  After  posting  the  said  plat  and  notice  upon  the  premises, 
the  claimant  will  file  with  the  proper  register  and  receiver  a  copy 
of  such  plat,  and  field-notes  of  survey  of  the  claim,  accompanied 
by  the  affidavit  of  at  least  two  credible  witnesses  that  such  plat 
and  notice  are  posted  conspicuously  upon  the  claim,  giving  the 
date  and  place  of  such  posting,  a  copy  of  the  notioe  so  posted  to 
be  attached  to,  and  form  a  part  of,  said  affidavit. 

31.  Attached  to  the  field-notes  so  filed  must  be  the  sworn 
statement  of  the  claimant  that  he  has  the  possessory  right  to  the 
premises  therein  described,  in  virtue  of  a  compliance  by  himself 
(and  by  his  grantors,  if  he  claims  by  purchase)  with  the  mining 
rules,  regulations,  and  customs  of  the  mining  district.  State,  or 
Territory  in  which  the  claim  lies,  and  with  the  mining  laws  of 
Congress;  such  sworn  statement  to  narrate  briefly,  but  as  clearly 
as  possible,  the  facts  constituting  such  compliance,  the  origin  of 
his  possession,  and  the  basis  of  his  claim  to  a  patent. 

32.  This  affidavit  should  be  supported  by  appropriate  evidence 
from  the  mining  recorder's  office  as  to  his  possessorv  right,  as 
follows;  viz.,  Where  he  claims  to  be  a  locator,  a  full,  true,  and 
correct  copy  of  such  location  should  be  furnished,  as  the  same 
appears  upon  the  mining  records;  such  copy  to  be  attested  by  the 
seal  of  the  recorder,  or  if  he  has  no  seal,  then  he  should  make  oath 


70  HOAV    TO    OBTAIN. 

to  the  same  being  correct,  as  shown  by  his  records;  where  the  ap- 
plicant claims  as  a  locator  in  company  with  others  who  have  since 
conveyed  their  interests  in  the  lode  to  him,  a  copy  of  the  original 
record  of  location  should  be  filed,  together  with  an  abstract  of  title 
from  the  proper  recorder,  under  seal  or  oath  as  aforesaid,  tracing 
the  co-locator's  possessory  rights  in  the  claim  to  such  applicant 
for  patent;  where  the  applicant  claims  only  as  a  purchaser  for 
valuable  consideration,  a  copy  of  the  location  record  must  be  filed, 
under  seal  or  upon  oath  as  aforesaid,  with  an  abstract  of  title  cer-. 
tified  as  above  by  the  proper  recorder,  tracing  the  right  of  posses- 
sion by  a  continuous  chain  of  conveyances  from  the  original  locators 
to  the  applicant,  also  certifying  that  no  conveyances  affecting 
the  title  to  the  claim  in  question  appear  of  record  in  his  office  other 
than  those  set  forth  in  the  accompanying  abstract. 

33.  In  the  event  of  the  mining  records  in  any  case  having  been 
destroyed  by  fire  or  otherwise  lost,  affidavit  of  the  fact  should  be 
made,  and  secondary  evidence  of  possessory  title  will  be  received, 
which  may  consist  of  the  affidavit  of  the  claimant,  supported  by 
those  of  any  other  parties  cognizant  of  the  facts  relative  to  his  loca- 
tion, occupancy,  possession,  improvements,  etc. ;  and  in  such  case 
of  lost  records,  any  deeds,  certificates  of  location  or  purchase,  or 
other  evidence  which  may  be  in  the  claimant's  possession,  and  tend 
to  establish  his  claim,  should  be  filed. 

34.  Upon  the  receipt  of  these  papers  the  register  will,  at  the 
expense  of  the  claimant  (who  must  furnish  the  agreement  of  the 
publisher  to  hold  applicant  for  patent  alone  responsible  for  charges 
of  publication),  publish  a  notice  of  such  application  for  the  period 
of  sixty  days,  in  a  newspaper  published  nearest  to  the  claim;  and 
will  post  a  copy  of  such  notice  in  his  office  for  the  same  period.  In 
all  cases  sixty  days  must  intervene  between  the  first  and  the  last 
insertion  of  the  notice  in  such  newspaper.  When  the  notice  is 
published  in  a  weekly  newspaper  ten  consecutive  insertions  are 
necessary;  when  in  a  daily  newspaper,  the  notice  must  appear  in 
each  issue  for  the  required  period. 

35.  The  notices  so  published  and  posted  must  be  as  full  and 
complete  as  possible,  and  embrace  all  the  data  given  in  the  fiotice 
posted  upon  the  claim. 

36.  Too  much  care  cannot  be  exercised  in  the  preparation  of 
these  notices,  inasmuch  as  upon  their  accuracy  and  completeness 
will  depend,  in  a  great  measure,  the  regularity  and  validity  of  the 
whole  proceeding. 


GOVERNMENT   TITLE  71 

37.  The  claimant,  either  at  the  time  of  filing  these  papers  with 
the  register,  or  at  any  time  during  the  sixty  days'  publication,  is 
required  to  file  a  certificate  of  the  Surveyor-General  that  not  less 
than  five  hundred  dollars'  worth  of  labor  has  been  expended  or 
improvements  made  upon  the  claim  by  the  applicant  or  his  grant- 
ors; that  the  plat  filed  by  the  claimant  is  correct;  that  the  field- 
notes  of  the  survey,  as  filed,  furnish  such  an  accurate  description 
of  the  claim  as  will,  if  incorporated  into  a  patent,  serve  to  fully 
identify  the  premises,  and  that  such  reference  is  made  therein  to 
natural  objects  or  permanent  monuments  as  vvill  perpetuate  and 
fix  the  locus  thereof. 

38.  It  will  be  the  more  convenient  way  to  hav-e  this  certificate 
indorsed  by  the  Surveyor-General,  both  upon  the  plat  and  field- 
notes  of  survey  filed  by  the  claimant  as  aforesaid. 

39.  After  the  sixty  days'  period  of  newspaper  publication  has 
expired  the  claimant  will  file  his  affidavit,  showing  that  the  plat 
and  notice  aforesaid  remained  conspicuously  posted  upon  the  claim 
sought  to  be  patented  during  said  sixty  days'  publication,  giving 
the  dates. 

40.  Upon  the  filing  of  this  affidavit  the  register  will,  if  no  ad- 
verse claim  was  filed  in  his  office  during  the  period  of  publication, 
permit  the  claimant  to  pay  for  the  land  according  to  the  area  given 
in  the  plat  and  field-notes  of  survey  aforesaid,  at  the  rate  of  five 
dollars  for  each  acre  and  five  dollars  for  each  fractional  part  of  an 
acre,  the  receiver  issuing  the  usual  duplicate  receipt  therefor.  The 
claimant  will  also  make  a  sworn  statement  of  all  charges  and  fees 
paid  by  him  for  publication  and  surveys,  together  with  all  fees 
and  money  paid  the  register  and  receiver  of  the  land-office;  after 
which  the  whole  matter  will  be  forwarded  to  the  Commissioner  of 
the  General  Land-Office  and  a  patent  issued  thereon  if  found 
regular. 

41.  In  sending  up  the  papers  in  the  case  the  register  must  not 
omit  certifying  to  the  fact  that  the  notice  was  posted  in  his  office 
for  the  full  period  of  sixty  days,  such  certificate  to  state  distinctly 
when  such  posting  was  done  and  how  long  continued. 

42.  The  consecutive  series  of  numbers  of  mineral  entries  must 
be  continued,  whether  the  same  are  of  lode  or  placer  claims. 

43.  The  Surveyor-General  must  continue  to  designate  all  sur- 
veyed mineral  claims  as  heretofore  by  a  progressive  series  of  num- 
bers, beginning  with  lot  No.  37  in  each  township;  the  claim  to  be 
so  designated  at  date  of  tiling  the  plat,  field-notes,  etc.,  in  addition 


72  ADVERSE   CLAIMS. 

to  the  local  designation  of  the  claim;  it  being  required  in  all  cases 
^^at  the  plat  and  field- notes  of  the  survey  of  a  claim  must,  in  ad- 
dition to  the  reference  to  permanent  objects  in  the  neighborhood, 
describe  the  locus  of  the  cLaim  with  reference  to  the  lines  of  public 
surveys  by  a  line  connecting  a  corner  of  the  claim  with  the  near- 
est public  corner  of  the  United  States  surveys,  unless  such  claim 
be  on  unsurveyed  lands  at  a  remote  distance  from  such  public  cor- 
ner, in  which  latter  case  the  reference  by  course  and  distance  to 
permanent  objects  in  the  neighborhood  will  be  a  sufficient  desig- 
nation by  which  to  fix  the  locus  until  the  public  surveys  shall  have 
been  closed  upon  its  boundaries. 

Adverse  Claims. 

44.  Section  2326  provides  for  adverse  claims,  fixes  the  time 
within  which  they  shall  be  filed  to  have  legal  effect,  and  prescribes 
the  manner  of  their  adjustment. 

45.  Said  section  requires  that  the  adverse  claim  shall  be  filed 
during  the  period  of  publication  of  notice;  that  it  must  be  on  the 
oath  of  the  adverse  claimant;  and  that  it  must  show  the  '''•nature^'''' 
the  ^'•hoimdaries^  and  the  "  extenf^  of  the  adverse  claim. 

46.  In  order  that  this  section  of  law  may  be  properly  carried 
into  effect,  tlie  following  is  communicated  for  the  information  of 
all  concerned: 

47.  An  adverse  mining  claim  must  be  filed  with  the  register 
of  the  same  land-office  with  whom  the  application  for  patent  was 
filed,  or,  in  his  absence,  with  the  receiver,  and  within  the  sixty 
days'  period  of  newspaper  publication  notice. 

48.  The  adverse  notice  must  be  duly  sworn  to  by  the  person  or 
persons  making  the  same  before  an  officer  authorized  to  administer 
oaths  within  the  land-district,  or  before  the  register  or  receiver;  it 
will  fully  set  forth  the  nature  and  extent  of  the  interference  or 
conflict;  whether  the  adverse  party  claims  as  a  purchaser  for  valu- 
able consideration  or  as  a  locator;  if  the  former,  a  certified  copy 
of  the  original  location,  the  original  conveyance,  a  duly  certified 
copy  tliereof,  or  an  abstract  of  title  from  the  office  of  the  proper 
recorder  should  be  furnished;  or  if  the  transaction  was  a  mere 
verbal  one  he  will  narrate  the  circumstances  attending  the  pur- 
chase, the  date  thereof,  and  the  amount  paid,  which  fiicts  shall  be 
supported  by  the  affidavit  of  one  or  more  witnesses,  if  any  were 
present  at  the  time,  and  if  he  claims  as  a  locator  he  must  file  a 
duly  certified  copy  of  the  location  from  the  office  of  the  proper 
recorder. 


ADVERSE    CLAIMS.  73 

49.  In  order  that  the  '■'■'boundaries''''  and  ^'■extent  "  of  the  claim 
may  be  shown,  it  will  be  incumbent  upon  the  adverse  claimant  to 
file  a  plat  showing  his  entire  claim,  its  relative  situation  or  position 
with  the  one  against  which  he  claims,  and  the  extent  of  the  con- 
flict. This  plat  must  be  made  from  an  actual  survey  by  a  United 
States  Deputy  Surveyor,  who  will  officially  certify  thereon  to  its 
correctness;  and  in  addition  there  must  be  attached  to  such  plat  of 
survey  a  certificate  or  sworn  statement  by  the  surveyor  as  to  the 
approximate  value  of  the  labor  performed  or  improvements  made 
upon  the  claim  by  the  adverse  party  or  his  predecessors  in  interest, 
and  the  plat  must  indicate  the  position  of  any  shafts,  tunnels,  or 
other  improvements,  if  any  such  exist,  upon  the  claim  of  the 
party  opposing  the  application,  and  by  which  party  said  improve- 
ments were  made. 

50.  Upon  the  foregoing  being  filed  within  the  sixty  days  as 
aforesaid,  the  register,  or  in  his  absence  the  receiver,  will  give 
notice  in  writing  to  hoth  parties  to  the  contest  that  such  adverse 
claim  has  been  filed,  informing  them  that  the  party  who  filed  the 
adverse  claim  will  be  required  within  thirty  days  from  the  date  of 
such  filing  to  commence  proceedings  in  a  court  of  competent  juris- 
diction to  determine  the  question  of  right  of  possession,  and  to 
prosecute  the  same  with  reasonable  diligence  to  final  judgment, 
and  that  should  such  adverse  claimant  fail  to  do  so,  his  adverse 
claim  will  be  considered  waived,  and  the  application  for  patent  be 
allowed  to  proceed  upon  its  merits. 

51.  When  an  adverse  claim  is  filed  as  aforesaid,  the  register  or 
receiver  will  indorse  upon  the  same  the  precise  date  of  filing,  and 
preserve  a  record  of  the  date  of  notifications  issued  thereon;  and 
thereafter  all  proceedings  on  the  application  for  patent  will  be 
suspended,  with  the  exception  of  the  completion  of  the  publication 
and  posting  of  notices  and  plat,  and  the  filing  of  the  necessary 
proof  thereof,  until  the  controversy  shall  have  been  adjudicated 
in  court,  or  the  adverse  claim  waived  or  withdrawn. 

52.  The  proceedings  after  rendition  of  judgment  by  the  court 
in  such  case  are  so  clearly  defined  by  the  act  itself  as  to  render 
it  unnecessar}'"  to  enlarge  thereon  in  this  place. 

53.  The  proceedings  to  obtain  patents  for  claims,  usually  called 
placers,  including  all  forms  of  deposit,  are  similar  to  the  proceed- 
ings prescribed  for  obtaining  patents  for  vein  or  lode  claims;  but 
where  said  placer  claim  shall  be  upon  surveyed  lands,  and  conform 
to  legal  subdivisions,  no  further  survey  or  plat  will  be  required, 


74  ADVERSE    CLAIMS. 

and  all  placer- mining  claims  located  after  May  10,  1872,  shall  con- 
form as  nearly  as  practicable  with  the  United  States  system  of 
public-land  surveys,  and  the  rectangular  subdivisions  of  such  sur- 
veys, and  no  such  location  shall  include  more  than  twenty  acres  for 
each  individual  claimant;  but  where  placer  claims  cannot  be  con- 
formed to  legal  subdivisions,  survey  and  plat  shall  be  made  as  on 
unsurveyed  lands.  But  where  such  claims  are  located  previous  to 
the  public  surveys,  and  do  not  conform  to  legal  subdivisions,  sur- 
vey, plat,  and  entry  thereof  may  be  made  according  to  the  bound- 
aries thereof,  provided  the  location  is  in  all  respects  legal. 

54.  The  proceedings  for  obtaining  patents  for  veins  or  lodes 
having  already  been  fully  given,  it  will  not  be  necessary  to  repeat 
them  here;  it  being  thought  that  careful  attention  thereto  by 
applicants  and  the  local  officers  will  enable  them  to  act  under- 
standingly  in  the  matter  and  make  such  slight  modifications  in  the 
notice,  or  otherwise,  as  maj  be  necessary  in  view  of  the  different 
nature  of  the  two  classes  of  claims,  placer  claims  being  fixed,  how- 
ever, at  two  dollars  and  fifty  cents  per  acre,  or  fractional  part  of 
an  acre. 

55.  By  section  2330,  authority  is  given  for  the  subdivision  of 
forty-acre  legal  subdivisions  into  ten-acre  lots,  which  is  intended 
for  the  greater  convenience  of  miners  in  segregating  their  claims 
both  from  one  another  and  from  intervening  agricultural  lands. 

66.  It  is  held,  therefore,  that  under  a  proper  construction  of 
the  law  these  ten-acre  lots  in  mining  districts  should  be  considered 
and  dealt  with,  to  all  intents  and  purposes,  as  legal  subdivisions, 
and  that  an  applicant  having  a  legal  claim  which  conforms  to  one 
or  more  of  these  ten-acre  lots,  either  adjoining  or  cornering,  may 
make  entry  thereof,  after  the  usual  proceedings,  without  further 
survey  or  plat. 

57.  In  cases  of  this  kind,  however,  the  notice  given  of  the 
application  must  be  very  specific  and  accurate  in  description,  and 
as  the  forty-acre  tracts  may  be  subdivided  into  ten-acre  lots, 
either  in  the  form  of  squares  of  ten  by  ten  chains,  or  of  paral- 
lelograms five  by  twenty  chains,  so  long  as  the  lines  are  parallel 
and  at  right  angles  with  the  lines  of  the  public  surveys,  it  will  be 
necessary  that  the  notice  and  application  state  specifically  what 
ten-acre  lots  are  sought  to  be  patented,  in  addition  to  the  other 
data  required  in  the  notice. 

58.  Where  the  ten-acre  subdivision  is  in  the  form  of  a  square 
it  may  be  described,  for  instance,  as  the  "  S.  E.  \  of  the  S.   W. 


PLACER   GROUND.  75 

^,"  or,  if  in  the  form  of  a  parallelogram  as  aforesaid,  it  may  be 
described  as  the  "  W.  ^  of  the  W.  i  of  the  S.  W.  i  of  the  N. 
W.  i  (or  the  K  i  of  the  S.  i  of  the  JS[.  E.  J  of  the  S.  E.  J)  of 

section ,  township ,  range ,"  as  the  case  may 

be;  but,  in  addition  to  this  description  of  the  land,  the  notice 
must  give  all  the  other  data  that  is  required  in  a  mineral  applica- 
tion, by  which  parties  may  be  put  on  inquiry  as  to  the  premises 
sought  to  be  patented.  The  proofs  submitted  with  applications 
for  claims  of  this  kind  must  show  clearly  the  character  and  the 
extent  of  the  improvements  upon  the  premises. 

Inasmuch  as  the  Surveyor-G-eneral  has  no  duty  to  perform  in 
connection  with  the  entry  of  a  placer  claim  of  legal  subdivisions, 
the  proof  of  improvements  must  show  their  value  to  be  not  less 
thsmfive  hundred  dollars  and  that  they  were  made  by  the  appli- 
cant for  patent  or  his  grantors. 

59.  Applicants  for  patent  to  a  placer  claim,  who  are  also  in  pos- 
session of  a  known  vein  or  lode  included  therein,  must  state  in 
their  application  that  the  placer  includes  such  vein  or  lode.  The 
published  and  posted  notices  must  also  include  such  statement; 
and  the  vein  or  lode  must  be  surveyed  and  marked  upon  the  plat, 
the  field-notes  and  plat  giving  the  area  of  the  lode  claim  or  claims 
and  the  area  of  the  placer  separately.  If  veins  or  lodes  lying 
within  a  placer  location  are  owned  by  other  parties,  the  fact  should 
be  distinctly  stated  in  the  application  for  patent,  and  in  all  the 
notices.  It  should  be  remembered  that  an  application  which  omits 
to  include  an  application  for  a  known  vein  or  lode  therein,  must  be 
construed  as  a  conclusive  declaration  that  the  applicant  has  no 
right  of  possession  to  the  vein  or  lode.  Where  there  is  no  known 
lode  or  vein,  the  fact  must  appear  by  the  affidavit  of  claimant  and 
one  or  more  witnesses. 

60.  When  an  adverse  claim  is  filed  to  a  placer  application,  the 
proceedings  are  the  same  as  in  the  case  of  vein  or  lode  claims,  al- 
ready described. 

Quantity  of  Placer  Ground  Subject  to  Location. 

61.  By  section  2330  it  is  declared  that  no  location  of  a  placer- 
claim,  made  after  July  9,  1870,  shall  exceed  one  hundred  and  sixty 
acres  for  any  one  person  or  association  of  persons,  which  location 
shall  conform  to  the  United  States  surveys. 

62.  Section  2331  provides  that  all  placer  mining  claims  located 
after  May  10,  1872,  shall  conform  as  nearly  as  practicable  with  the 


76  LOCATION    OF 

United  States  system  of  public  surveys  and  the  subdivisions  of 
such  surveys,  and  no  such  locations  shall  include  more  than  twenty 
acres  for  each  individual  claimant. 

63.  The  foregoing  provisions  of  law  are  construed  to  mean  that 
after  the  9tli  day  of  July,  1870,  no  location  of  a  placer  claim  can 
be  made  to  exceed  one  hundred  and  sixty  acres,  whatever  may  be 
the  number  of  locators  associated  together,  or  whatever  the  local 
regulations  of  the  district  may  allow;  and  that  from  and  after 
May  10,  1872,  no  location  made  by  an  individual  can  exceed 
twenty  acres,  and  no  location  made  by  an  association  of  individ- 
uals can  exceed  one  hundred  and  sixty  acres,  which  location  of 
one  hundred  and  sixty  acres  cannot  be  made  by  a  less  number 
than  eight  hona-Jide  locators;  and  no  local  laws  or  mining  regula- 
tions can  restrict  a  placer  location  to  less  than  twenty  acres, 
although  the  locator  is  not  compelled  to  take  so  much. 

64.  The  regulations  hereinbefore  given  as  to  the  manner  of 
marking  locations  on  the  ground,  and  placing  the  same  on  record, 
must  be  observed  in  the  case  of  placer  locations,  so  far  as  the  same 
are  applicable;  the  law  requiring,  however,  that  where  placer 
claims  are  upon  surveyed  public  lands  the  locations  must  hereafter 
be  made  to  conform  to  legal  sub-divisions  thereof  as  near  as  prac- 
ticable. 

65.  With  regard  to  the  proofs  necessary  to  establish  the  posses- 
sory right  to  a  placer  claim,  section  2332  provides  that  "where 
such  person  or  association,  they  and  their  grantors,  have  held  and 
worked  their  claims  for  a  period  equal  to  the  time  prescribed  by 
the  statute  of  limitations  for  mining  claims  of  the  State  or  Terri- 
tory where  the  same  may  be  situated,  evidence  of  such  posseosion 
and  working  of  the  claims  for  such  period  shall  be  sufficient  to 
establish  a  right  to  a  patent  thereto  under  this  chapter,  in  the 
absence  of  any  adverse  claim." 

66.  This  provision  of  law  will  greatly  lessen  the  burden  of 
proof,  more  especially  in  the  case  of  old  claims  located  many  years 
since,  the  records  of  which,  in  many  cases,  have  been  destroyed 
by  hre,  or  lost  in  other  ways  during  the  lapse  of  time,  but  concern- 
ing the  possessory  right  to  which  all  controversy  or  litigation  has 
long  been  pcttlcd. 

67.  When  an  applicant  desires  to  make  his  proof  of  possessory 
right  in  accordance  with  this  provision  of  law,  you  will  not  require 
him  to  produce  evidence  of  location,  copies  of  conveyances,  or 
abstracts  of  title,  as  in  other  cases,  but  will  require  him  to  furnish 


PLACER    GROUND.  77 

a  duly  certified  copy  of  the  statute  of  limitations  of  raining  claims 
for  the  State  or  Territory,  together  with  his  sworn  statement 
giving  a  clear  and  succinct  narration  of  the  facts  as  to  the  origin 
of  his  title,  and  likewise  as  to  the  continuation  of  his  possession 
of  the  mining  ground  covered  by  his  application;  the  area  thereof, 
the  nature  and  extent  of  the  mining  that  has  been  done  thereon; 
whether  there  has  been  any  opposition  to  his  possession,  or  litiga- 
tion with  regard  to  his  claim,  and,  if  so,  when  the  same  ceased; 
whether  such  cessation  was  caused  by  compromise  or  by  judicial 
decree,  and  any  additional  facts  within  the  claimants  knowledge 
having  a  direct  bearing  upon  his  possession  and  hona  fides  which 
he  may  desire  to  submit  in  support  of  his  claim. 

68.  There  should  likewise  be  filed  a  certificate,  under  seal  of  the 
court  having  jurisdiction  of  mining  cases  within  the  judicial  dis- 
trict embracing  the  claim,  that  no  suit  or  action  of  any  character 
whatever  involving  the  right  of  possession  to  any  portion  of  the 
claim  applied  for  is  pending,  and  that  there  has  been  no  litigation 
before  said  court  affecting  the  title  to  said  claim  or  any  part  thereof 
for  a  period  equal  to  the  time  fijced  by  the  statute  of  limitations  for 
mining  claims  in  the  State  or  Territory  as  aforesaid,  other  than 
that  which  has  been  finally  decided  in  favor  of  the  claimant. 

69.  The  claimant  should  support  his  narrative  of  facts  relative 
to  his  possession,  occupancy,  and  improvements  by  corroborative 
testimony  of  any  disinterested  person  or  persons  of  credibility  who 
may  be  cognizant  of  the  facts  in  the  case  and  are  capable  of  testi- 
fying understandiugly  in  the  premises. 

70.  It  will  be  to  the  advantage  of  claimants  to  make  their  proofs 
as  full  and  complete  as  practicable. 

MiU-Sites. 

71.  Section  2337  provides  that  "where  non-mineral  land  not 
contiguous  to  the  vein  or  lode  is  used  or  occupied  by  the  proprie- 
tor of  such  vein  or  lode  for  mining  or  milling  purposes,  such  non- 
adjacent  surface-ground  may  be  embraced  and  included  in  an 
application  for  a  patent  for  such  vein  or  lode,  and  the  same  may 
be  patented  therewith,  su  ect  to  the  same  preliminary  require- 
ments as  to  survey  and  notice  as  are  applicable  to  veins  or  lodes; 
but  no  location  hereafter  made  of  such  non-adjacent  land  shall 
exceed  five  acres,  and  payment  or  the  same  must  be  made  at  the 
same  rate  as  fixed  by  this  chapter  for  the  superficies  of  the  lode. 
The  owner  of  a  quartz-mill  or  reduction  works,  not  owning  a  mine 


78  MILL-SITES. 

in  connection  therewith,  may  also  receive  a  patent  for  his  mill-site, 
as  provided  in  thi'^  section." 

72.  To  avail  themselves  of  this  provision  of  law,  parties  holding 
the  possessory  right  to  a  vein  or  lode,  and  to  a  piece  of  non-mineral 
land  not  contiguous  thereto,  for  mining  or  milling  purposes,  not 
exceeding  the  quantity  allowed  for  such  purpose  by  section  2337, 
United  States  Revised  Statutes,  or  prior  laws,  under  which  the 
land  was  appropriated,  the  proprietors  of  such  vein  or  lode  may 
file  in  the  proper  land-office  their  application  for  a  patent,  under 
oath,  in  manner  already  set  forth  herein,  which  application, 
together  with  the  plat  and  field-notes,  may  include,  embrace,  and 
describe,  in  addition  to  the  vein  or  lode,  such  non-contiguous  mill- 
site,  and  after  due  proceedings  as  to  notice,  etc.,  a  patent  will  be 
issued  conveying  the  same  as  one  claim. 

73.  In  making  the  survey  in  a  case  of  this  kind,  the  lode  claim 
should  be  described  in  the  plat  and  field-notes  as  "  Lot  No.  37,  A," 
and  the  mill-site  as  "  Lot  No.  37,  B,"  or  whatever  may  be  its  ap- 
propriate numerical  designation;  the  course  and  distance  from  a 
corner  of  the  mill-site  to  a  corner  of  the  lode  claim  to  be  invariably 
given  in  such  plat  and  field-notes,  and  a  copy  of  the  plat  and 
notice  of  application  for  patent  must  be  conspicuously  posted  upon 
the  mill-site  as  well  as  upon  the  vein  or  lode  for  the  statutory  period 
of  sixty  days.  In  making  the  entry  no  separate  receipt  or  certifi- 
cate need  be  issued  for  the  mill-site,  but  the  whole  area  of  both 
lode  and  mill-site  will  be  embraced  in  one  entry,  the  price  being 
five  dollars  for  each  acre  and  fractional  part  of  an  acre  embraced 
by  such  lode  and  mill-site  claim. 

74.  In  case  the  owner  of  a  quartz-mill  or  reduction  works  is 
not  the  owner  of  a  vein  or  lode,  the  law  permits  him  to  make  ap- 
plication therefor  in  the  same  manner  prescribed  herein  for  mining 
claims,  and  after  due  notice  and  proceedings,  in  the  absence  of  a 
valid  adverse  filing,  to  enter  and  receive  a  patent  for  his  mill-site 
at  said  price  per  acre. 

75.  In  every  case  there  must  be  satisfactory  proof  that  the  land 
claimed  as  a  mill-site  is  not  mineral  in  character,  which  proof  may, 
where  the  matter  is  unquestioned,  consist  of  the  sworn  statement 
of  the  claimant,  supported  by  that  of  one  or  more  disinterested 
persons  capable  from  acquaintance  with  the  land  to  testify  under- 
standingly. 

76.  The  Liw  expressly  limits  mill-site  locations  made  from  and 
after  its  passage  to  five  acres. 


PROOF    OF    CITIZENSHIP  79 

77.  The  registers  and  receivers  will  preserve  an  unbroken  con- 
secutive series  of  numbers  for  all  mineral  entries. 

Proof  of  Citizenship  of  Mining  Claimants. 

78.  The  proof  necessary  to  establish  the  citizenship  of  appli- 
cants for  mining  patents  must  be  made  in  the  following  manner:  In 
case  of  an  incorporated  company,  a  certiiied  copy  of  their  charter 
or  certificate  of  incorporation  must  be  filed.  In  case  of  an  asso- 
ciation of  persons  unincorporated,  the  affidavit  of  their  duly  author- 
ized agent,  made  upon  his  own  knowledge,  or  upon  information  and 
belief,  setting  forth  the  residence  of  each  person  forming  such 
association,  must  be  submitted.  This  affidavit  must  be  accompa- 
nied by  a  power  of  attorney  from  the  parties  ibrming  such  associ- 
ation, authorizing  the  person  who  makes  the  affidavit  of  citizenship 
to  act  for  them  in  the  matter  of  their  application  for  patent. 

79.  In  case  of  an  individual  or  an  association  of  individuals  who 
do  not  appear  by  their  duly  authorized  agent,  you  will  require  the 
affidavit  of  each  applicant,  showing  whether  he  is  a  native  or  nat- 
nralized  citizen,  when  and  where  born,  and  his  residence. 

80.  In  case  an  applicant  has  declared  his  intention  to  become  a 
citizen,  or  has  been  naturalized,  his  affidavit  must  show  the  date, 
place,  and  the  court  before  which  he  declared  his  intention,  or  from 
which  his  certificate  of  citizenship  issued,  and  present  residence. 

81.  The  affidavit  of  the  claimant  as  to  his  citizenship  may  be 
taken  before  the  register  or  receiver,  or  any  other  officer  authorized 
to  administer  oaths  within  the  land-district  If  citizenship  is  estab- 
lished by  the  testimony  of  disinterested  persons,  such  testimony 
may  be  taken  at  any  place  before  any  person  authorized  to  admin- 
ister oaths,  and  whose  official  character  is  duly  verified. 

Appointment  of  Deputy  Surveyors  of  Mining  Claims — 
Charges  for  Surveys  and  Publications — Fees  of  Regis- 
ters and  Receivers,  Etc. 

82.  Section  2334  provides  for  the  appoincment  of  surveyors 
of  mineral  claims,  authorizes  the  Commissioner  of  the  General 
Land-Office  to  establish  the  rates  to  be  charged  for  surveys  and  for 
newspaper  publications,  prescribes  the  fees  allowed  to  the  local 
officers  for  receiving  and  acting  upon  applications  for  mining-pat- 
ents and  for  adverse  claims  thereto,  etc. 

Under  this  authority  of  law  the  following  rates  have  beenestab- 


80  CHARGES    FOR   SURVEYS. 

lished  as  the  maximum  charges  for  newspaper  publications  in  min- 
ing cases  : 

a.  "Where  a  daily  newspaper  is  designated  the  charge  shall  not 
exceed  seven  dollars  for  each  ten  lines  of  space  occupied;  and 
where  a  weekly  newspaper  is  designated  as  the  medium  of  publi- 
cation five  dollars  for  the  same  space  will  be  allowed.  Such  charge 
shall  be  accepted  as  full  payment  for  publication  in  each  issue  of 
the  newspaper  for  the  entire  period  required  by  law. 

It  is  expected  that  these  notices  shall  not  be  so  abbreviated  as  to 
curtail  the  description  essential  to  a  perfect  notice,  and  the  said 
rates  established  upon  the  understanding  that  they  are  to  be  in  the 
usual  body  type  used  for  advertisements. 

h.  For  the  publication  of  citations  in  contests  or  hearings  involv- 
ing the  character  of  lands,  the  charges  shall  not  exceed  eight  dollars 
for  five  publications  in  weekly  newspapers,  or  ten  dollars  for  publi- 
cations in  daily  newspapers  for  thirty  days. 

83.  The  Surveyors-General  of  the  several  districts  will,  in  pur- 
suance of  said  law,  appoint  in  each  land-district  as  many  competent 
deputies  for  the  survey  of  mining  claims  as  may  seek  such  ap- 
pointment; it  being  distinctly  understood  that  all  expenses  of  these 
notices  and  surveys  are  to  be  borne  by  the  mining  claimants  and 
not  by  the  United  States;  the  system  of  making  deposits  for  min- 
eral surveys,  as  required  by  previous  instructions,  being  hereby 
revoked  as  regdivi^Q  Jield-work;  the  claimant  having  the  option  of 
employing  any  deputy  surveyor  within  such  district  to  do  his  work 
in  the  field. 

84.  With  regard  to  the  platting  of  the  claim  and  other  office 
work  in  the  Surveyor-General's  oflice,  that  officer  will  make  an 
estimate  of  the  cost  thereof,  which  amount  the  claimant  will  deposit 
with  any  Assistant  United  States  Treasurer,  or  designated  deposit- 
ory, in  favor  of  the  United  States  Treasurer,  to  be  passed  to  the 
credit  of  the  fund  created  by  "individual  depositors  for  surveys  of 
the  public  lands,"  and  file  with  the  Surveyor-General  duplicate 
certificates  of  such  deposit  in  tlie  usual  manner. 

85.  The  Surveyors-General  will  endeavor  to  appoint  mineral 
deputy  surveyors,  so  that  one  or  more  may  be  located  in  each  min- 
ing district  for  the  greater  convenience  of  miners. 

86.  The  usual  oaths  will  be  required  of  these  deputies  and  their 
assistants  as  to  the  correctness  of  eacli  survey  executed  by  them. 

The  duty  of  the  deputy  mineral  surveyor  ceases  when  he  has  exe- 
cuted the  survey  and  returned  the  field-notes  and  preliminary  plat 


THE    CHARACTER    OF    LANDS.  81 

thereof  with  his  report  to  the  Survejor-General.  He  will  not  be 
allowed  to  prepare  for  the  mining  claimant  the  papers  in  support  of 
an  application  for  patent,  or  otherwise  perform  the  duties  of  an 
attorney  before  the  land-office  in  connection  with  a  mining  claim 
The  Surveyors-General  and  local  land-officers  are  expected  to 
report  any  infringement  of  this  regulation  to  this  office. 

87.  The  law  requires  that  each  applicant  shall  ille  with  the  rep-- 
ister  and  receiver  a  sworn  statement  of  all  charges  and  fees  paid 
by  him  for  publication  of  notice  and  for  survey;  together  with  all 
fees  and  money  paid  the  register  and  receiver,  which  sworn  state- 
ment is  required  to  be  transmitted  to  this  office,  for  the  informa- 
tion of  the  Commissioner. 

88.  Should  it  ajjpear  that  excessive  or  exorbitant  charges  have 
been  made  by  any  surveyor  or  any  publisher,  prompt  action  will 
be  taken  with  the  view  of  correcting  the  abuse. 

89.  The  fees  payable  to  the  register  and  receiver  for  filins:  and 
acting  upon  applications  for  mineral-land  patents  are  five  dollars 
to  each  officer,  to  be  paid  by  the  applicant  for  patent  at  the  time 
of  filing,  and  the  like  sum  of  five  dollars  is  payable  to  each  officer 
by  an  adverse  claimant  at  the  time  of  filing  his  adverse  claim. 

90.  All  fees  or  charges  under  this  law  may  be  paid  in  United 
States  currency, 

91.  The  register  and  receiver  will,  at  the  close  of  each  month, 
forward  to  this  office  an  abstract  of  mining  applications  filed,  and 
a  register  of  receipts,  accompanied  with  an  abstract  of  mineral 
lands  sold,  and  an  abstract  of  adverse  claims  filed. 

92.  The  fees  and  purchase  money  received  by  registers  and 
receivers  must  be  placed  to  the  credit  of  the  United  States  in  the 
receiver's  monthly  and  quarterly  account,  charging  up  in  the  dis- 
bursing account  the  sums  to  which  the  register  and  receiver  may 
be  respectively  entitled  as  fees  and  commissions,  with  limitations 
in  regard  to  the  legal  maximum. 

Hearings  to  Establish  the  Character  of  Lands. 

93  In  every  case  where  it  becomes  necessary  under  the  law 
and  existing  instructions  of  this  office  that  a  hearing  be  held  and 
testimony  taken  for  the  purpose  of  ascertaining  the  mineral  or 
agricultural  character  of  land,  the  local  officers  are  directed  to 
cause  -the  evidence  to  be  taken  before  a  duly  qualified  officer  whose 
office  is  located  nearest  the  land  in  dispute,  the  distance  to  be 
computed  by  ordinary  routes  of  travel 


82  HEARINGS   TO    ESTABLISH 

Whenever  the  local  office  comes  within  this  rule,  the  hearing 
will  be  held  before  the  register  and  receiver. 

It  is  intended  to  cause  these  hearings  to  be  held,  as  far  as  prac- 
ticable, in  such  manner  as  to  afiord  the  least  inconvenience  to 
persons  interested.  Should  it  appear,  therefore,  by  written  stipu- 
lation of  all  the  parties,  that  this  purpose  will  best  be  subserved  by 
the  designation  of  any  particular  officer  authorized  to  administer 
.oaths  within  the  land-district  in  which  the  land  in  controversy  is 
situated,  the  instructions  herein  may  be  departed  from  in  accord- 
ance with  such  stipulation.  Such  deviation  may  also  be  allowed 
where  the  officer  who  would,  otherwise,  be  designated  is  an  inter- 
ested party,  or  where,  for  other  good  reason,  his  selection  would 
be  improper. 

When  the  evidence  is  taken  before  an  officer  other  than  the  reg- 
ister and  receiver,  the  record  should  be  sealed  up,  the  title  of  the 
case  indorsed  on  the  envelope,  and  the  whole  returned  by  mail  or 
express  to  the  register  and  receiver. 

On  the  27th  April,  1880,  in  accordance  with  the  directions  of 
the  Secretary  of  the  Interior,  this  office  revoked  the  withdrawals 
theretofore  made,  upon  general  information,  .that  vast  tracts  of 
public  land  were  mineral  in  character,  and  instructed  the  local  offi- 
cers, in  the  absence  of  a  specific  allegation  of  the  mineral  charac- 
ter of  land,  to  allow  applications  for  agricultural  entry  thereof, 
upon  due  proof. 

Hereafter  the  only  tracts  of  public  land  that  will  be  withheld 
from  entry  as  agricultural  land  on  account  of  its  mineral  character, 
will  be  such  as  are  returned  by  the  Surveyor-General  as  mineral; 
and  even  the  presumption  which  is  supported  by  such  return  may 
be  overcome  by  testimony  taken  at  a  regular  hearing. 

94.  Hearings  to  determine  the  character  of  land,  as  practically 
distinguished,  are  of  two  kinds: 

Ist.  Where  lands  which  are  sought  to  be  entered  and  patented  as 
agricultural  are  alleged  by  affida\dt  to  be  mineral,  or  when  sought 
as  mineral  their  non-mineral  character  is  alleged. 

The  proceedings  relative  to  this  class  are  in  the  nature  of  a  con- 
test between  two  or  more  known  parties,  and  the  testimony  may 
be  taken  on  personal  notice  of  at  least  ten  days,  duly  served  on 
all  parties;  or,  if  they  cannot  be  found,  then  by  publication,  for 
thirty  days  in  a  newspaper  of  general  circulation,  to  be  designated 
by  the  register  of  the  land-office  as  published  nearest  to  the  land 
in  controversy.     If  publication  is  made  in  a  weekly  newspaper,  the 


THE    CHAKACTER    OF   LANDS.  83 

notice  must  be  inserted  in  live  consecutive  weekly  issues  thereof. 

2d.  When  lands  are  returned  as  mineral  by  the  Surveyor- 
General. 

When  such  lands  are  sought  to  be  entered  as  agricultural,  notice 
must  be  given  by  publication  for  thirty  days,  as  aforesaid. 

95.  All  notices  must  describe  the  land,  give  the  name  and 
address  of  the  claimant,  the  character  of  his  claim,  and  the  time, 
place,  and  purpose  of  the  hearing. 

Proof  of  service  of  notice,  when  personal,  must  consist  of  either 
acknowledgment  of  service  indorsed  on  the  citation  (which  is  al- 
ways desirable),  or  the  aflBdavit  of  the  party  serving  the  same, 
giving  date,  place,  and  manner  of  service,  indorsed  as  aforesaid. 

Proof  of  publication  must  be  the  affidavit  of  the  publisher  of  the 
newspaper,  stating  the  period  of  publication,  giving  dates,  stating 
whether  in  a  daily  or  weekly  issue,  and  a  copy  of  the  notice  so 
published  must  be  attached  to,  and  form  a  part  of,  the  affidavit. 

Proof  of  posting  on  the  claim  must  be  made  by  the  affidavits  of 
two  or  more  persons  who  state  when  and  where  the  notice  was 
posted;  that  it  remained  so  posted  during  the  prescribed  period, 
giving  dates,  and  a  copy  of  the  notice  so  posted  must  be  attached 
to,  and  made  a  part  of,  the  affidavits. 

Proof  of  notice  is  indispensable  to  the  regularity  of  proceedings, 
and  must  accompany  the  record  in  every  case. 

The  expense  of  notice  must  in  every  case  be  paid  by  the  parties 
thereto. 

96.  At  the  hearing  there  must  oe  filed  the  affidavit  of  the  pub- 
lisher of  the  paper  that  the  said  notice  was  published  for  the  re- 
quired time,  stating  when  and  for  how  long  such  publication  was 
made,  a  printed  copy  thereof  to  be  attached  and  made  a  part  of 
the  affidavit. 

97.  At  the  hearing  the  claimants  and  witnesses  will  be  thor- 
oughly examined  with  regard  to  the  character  of  the  land; 
whether  the  same  has  been  thoroughly  prospected;  whether  or 
not  there  exists  within  the  tract  or  tracts  claimed  any  lode  or  vein 
of  quartz  or  other  rock  in  place,  bearing  gold,  silver,  cinnabar, 
lead,  tin,  or  copper,  or  other  valuable  deposit  which  has  ever  been 
claimed,  located,  recorded,  or  worked;  whether  such  work  is  en- 
tirely abandoned,  or  whether  occasionally  resumed;  if  such  lode 
does  exist,  by  whom  claimed,  under  what  designation,  and  in 
which  subdivision  of  the  land  it  lies;  whether  any  placer  mine  or 
mines  exist  upon  the  land;  if  so,  what  is  the  character  thereof — 


84  HEARINGS    TO   ESTABLISH 

whether  of  the  shallow  surface  description,  or  of  the  deep  cement, 
blue  lead,  or  gravel  deposits;  to  what  extent  mining  is  carried  on 
when  water  can  be  obtained,  and  what  the  facilities  are  for  ob- 
taining water  for  mining  purposes;  upon  what  particular  ten-acre 
subdivisions  mining  has  been  done,  and  at  wliat  time  the  land  was 
abandoned  for  mining  purposes,  if  abandoned  at  all. 

98.  The  testimony  should  also  show  the  agricultural  capacities 
of  the  land,  what  kind  of  crops  are  raised  thereon,  and  the  value 
thereof;  the  numberof  acres  actually  cultivated  for  crops  of  cereals 
or  vegetables,  and  within  which  particular  ten-acre  subdivision, 
such  crops  are  raised ;  also  which  of  these  subdivisions  embrace 
his  improvements,  giving  in  detail  the  extent  and  value  of  his 
improvements,  such  as  house,  barn,  vineyard,  orchard,  fencing, 
etc. 

99.  It  is  thought  that  hona-fide  settlers  upon  lands  really  agri- 
cultural will  be  able  to  show,  by  a  clear,  logical,  and  succinct 
chain  of  evidence,  that  their  claims  are  founded  upon  law  and  jus- 
tice; while  parties  who  have  made  little  or  no  permanent  agri- 
cultural improvements,  and  who  only  seek  title  for  speculative 
purposes,  on  account  of  the  mineral  deposits  known  to  themselves 
to  be  contained  in  the  land,  will  be  defeated  in  their  intentions. 

100.  The  testimony  should  be  as  full  and  complete  as  possible; 
and,  in  addition  to  the  leading  points  indicated  above,  everything 
of  importance  bearing  upon  the  question  of  the  character  of  the 
land  should  be  elicited  at  the  bearing. 

101.  Where  the  testimony  is  taken  before  an  officer  who  does 
not  use  a  seal,  other  than  the  register  and  receiver,  the  official 
character  of  such  officer  must  be  attested  by  a  clerk  of  a  court  of 
record,  and  the  testimony  transmitted  to  the  register  and  receiver, 
who  will  thereupon  examine  and  forward  the  same  to  the  office, 
with  their  joint  opinion  as  to  the  character  of  the  land  as  shown 
by  the  testimony. 

102.  When  the  case  comes  before  this  office,  such  an  award  of 
the  land  will  be  made  as  the  law  and  the  facts  may  justify;  and  in 
cases  where  a  survey  is  necessary  to  set  apart  the  mineral  from  the 
agricultural  land  in  any  forty-acre  tract,  the  necessary  instructions 
will  be  issued  to  enable  the  agricultural  claimant,  at  his  oion 
expense,  to  have  the  work  done,  at  his  option,  either  by  United 
States  deputy,  county,  or  other  local  surveyor;  the  survey  in  such 
case  may  be  executed  in  such  manner  as  will  segregate  the  portion 
of  land,  actually  containing  the  mine,  and  used  as  surface-ground 


''  *     THE    CHARACTER   OF    LANDS.  85 

for  the  convenient  working  thereof,  from  the  remainder  of  the 
tract,  which  remainder  will  be  patented  to  the  agriculturist  to 
whom  the  same  may  have  been  awarded,  subject,  however,  to 
the  condition  that  the  land  may  be  entered  upon  by  the  pro- 
prietor of  any  vein  or  lode  for  which  a  patent  has  been  issued  by 
the  United  States  for  the  purpose  of  extracting  and  removing  the 
ore  from  the  same,  where  found  to  penetrate  or  intersect  the 
land  so  patented  as  agricultural,  as  stipulated  by  the  mining  act. 

103.  Such  survey  when  executed  must  be  properly  sworn  to  by 
the  surveyor,  either  before  a  notary  public,  office  of  a  court  of 
record,  or  before  the  register  or  receiver,  the  deponent's  character 
and  credibility  to  be  properly  certified  to  by  the  officer  administer- 
ing the  oath. 

104.  Upon  the  filing  of  the  plat  and  field-notes  of  such  survey, 
duly  sworn  to  as  aforesaid,  you  will  transmit  the  same  to  the 
Surveyor-General  for  his  verification  and  approval;  who,  if  he 
finds  the  work  correctly  performed,  will  properly  mark  out  the 
same  upon  the  original  township  plat  in  his  office,  and  furnish 
authentical  copies  of  such  plat  and  description,  both  to  the  proper 
local  land-office  and  to  this  office,  to  be  affixed  to  the  duplicate 
and  triplicate  township  plats  respectively. 

105.  In  cases  where  a  portion  of  a  forty-acre  tract  is  awarded 
to  an  agricultural  claimant  and  he  causes  the  segregation  thereof 
from  the  mineral  portion,  as  aforesaid,  such  agricultural  portion 
will  not  be  given  a  numerical  designation  as  in  the  case  of  sur- 
veyed mineral  claims,  but  will  simply  be  described  as  the  "Frac- 
tional    quarter  of  the quarter  of  section,  ,  in 

township   ,  of   range ,    meridian,  containing  

acres,  the  same  being  exclusive  of  the  land  adjudged  to  be  mineral 
in  said  forty-acre  tract." 

106.  The  surveyor  must  correctly  compute  the  area  oi  such 
agricultural  portion,  which  computation  will  be  verified  by  the 
Surveyor-General. 

107.  After  the  authenticated  plat  and  field-notes  of  the  survey 
have  been  received  from  the  Surveyor-General,  this  office  will 
issue  the  necessary  order  for  the  entry  of  the  land,  and  in  issuing 
the  receiver's  receipt  and  register's  patent  certificate  you  will 
invariably  be  governed  by  the  description  of  the  land  given  in  the 
order  from  this  office. 

108.  The  fees  for  taking  testimony  and  reducing  the  same  to 
writing  in  these  cases  will  have  to  be  defrayed  by  the  parties  in 


86  MINING    LANDS. 

interest.  Where  sucli  testimony  is  taken  before  any  other  oflGicer 
than  the  register  and  receiver,  the  register  and  receiver  will  be 
entitled  to  no  fees. 

109.  If,  upon  a  review  of  the  testimony  at  this  office,  a  ten- 
acre  tract  should  be  found  to  be  properly  mineral  in  character, 
that  fact  will  be  no  bar  to  the  execution  of  the  settler's  legal  right 
to  the  remaining  non-mineral  portion  of  his  claim,  if  contiguous. 

110.  No  fear  need  be  entertained  that  miners  will  be  permitted 
to  make  entries  of  tracts  ostensibly  as  mining-claims,  which  are 
not  mineral,  simply  for  the  purpose  of  obtaining  possession  and 
defrauding  settlers  out  of  their  valuable  agricultural  improve- 
ments; it  being  almost  an  impossibility  for  such  a  fraud  to  be  con- 
summated under  the  laws  and  regulations  applicable  to  obtaining 
patents  for  mining-claims. 

111.  The  fact  that  a  certain  tract  of  land  is  decided  upon  testi- 
mony to  be  mineral  in  character  is  by  no  means  equivalent  to 
an  award  of  the  land  to  a  miner.  A  miner  is  compelled  bylaw 
to  give  sixty  days'  publication  of  notice,  and  posting  of  diagrams 
and  notices,  as  a  preliminary  step;  and  then,  before  he  can  enter 
the  land,  he  must  show  that  the  land  yields  mineral;  that  he  is 
entitled  to  the  possessory  right  thereto  in  virtue  of  compliance 
with  local  customs  or  rules  of  miners,  or  by  virtue  of  the  statute 
of  limitations;  that  he  or  his  grantors  have  expended,  in  actual 
labor  and  improvements,  an  amount  of  not  less  than  five  hundred 
dollars  thereon,  and  that  the  claim  is  one  in  regard  to  which  there 
is  no  controversy  or  opposing  claim.  After  all  these  proofs  are 
met,  he  is  entitled  to  have  a  survey  made  at  his  own  cost  where 
a  survey  is  required,  after  which  he  can  enter  and  pay  for  the 
land  embraced  by  his  claim. 

112.  Blank  forms  for  proofs  in  mineral  cases  are  not  furnished 
by  the  General  Land-Office. 

Respectfully, 

N.  C.  McFAKLAND, 

Cotninissioner. 

Department  of  Interior, 

October  31,  1881. 
Approved. 

S.J.  KIRKWOOD, 

Secretary. 


MINING   STATUTES.  •  87 

Mining  Statute  of  Jixly  26,  1866. 

The  follpwing  sections  of  the  above  act  are  still  in  force: 

Section  5.  And  be  it  further  enacted,  That,  as  a  further  con- 
dition of  sale,  in  the  absence  of  necessary  legislation  by  Congress, 
the  local  Legislature  of  any  State  or  Territory  may  provide  rules 
for  working  mines,  involving  easements,  drainage,  or  other  neces- 
sary means  to  complete  development;  and  those  conditions  shall  be 
fully  expressed  in  the  patent. 

Sec.  7.  That  the  President  of  the  United  States  be,  and  he  is 
hereby,  authorized  to  establish  additional  land  districts,  and  to 
appoint  the  necessary  officers,  under  existing  laws,  whenever  he 
may  deem  the  same  necessary  for  the  public  convenience  in  exe- 
cuting the  provisions  of  this  act. 

Sec.  8.  That  the  right  of  way  for  the  construction  of  highways 
over  public  lands,  not  reserved  for  public  uses,  is  hereby  granted. 

Sec.  9.  That  whenever,  hy  priority  of  possession,  rights  to  the 
use  of  water  for  mining,  agricultural.,  or  other  purposes,  have 
'vested  and  acoi'ued,  and,  the  same  are  recognized  and  acknowledged 
by  the  local  customs,  laws,  and  the  decisions  of  the  courts,  the 
possessors  and  owners  of  such  vested  rights  shall  he  maintained 
and  protected  In  the  same;  and  the  right  of  way  for  the  construc- 
tion of  ditches  and  canals  for  the  purposes  aforesaid,  is  hereby 
acknowledged' and  confirmed ;  Provided,  however,  That  whenever, 
after  the  passage  of  this  act,  any  person  or  persons  shall,  in  the 
construction  of  any  ditch  or  canal,  injure  or  damage  the  possession 
of  any  settler  on  the  public  domain,  the  party  committing  such 
injury  or  damage  shall  be  liable  to  the  injured  party  for  such  injury 
or  damage. 

Sec.  10.  That  whenever,  prior  to  the  passage  of  this  act,  upon 
lands  heretofore  designated  as  mineral  lands,  which  have  been 
excluded  from  survey  and  sale,  there  have  been  homesteads  made 
by  citizens  of  the  United  States,  or  persons  who  have  declared 
their  intentions  to  become  citizens,  which  homesteads  have  been 
made,  improved,  and  used  for  agricultural  purposes,  and  upon 
which  there  have  been  no  valuable  mines  of  gold,  silver,  cinnabar, 
or  copper  discovered,  and  which  are  properly  agricultural  lands, 
the  settlers  or  owners  of  such  homesteads  have  a  right  of  pre-emption 
hereto,  and  shall  be  entitled  to  purchase  the  same  at  the  price  of 
o'lie  dollar  and  twentyfive  cents  per  acre.,  and  in  quantity  not 
exceeding  one  hundred  and  sixty  acres;  or  said  parties  may  avail 
themselves  of  the  provisions  of  the   act  of  Congress,  approved 


88  MINING  STATUTES. 

May  twentieth,  eighteen  hundred  and  sixty-two,  entitled,  "An  Act 
to  secure  Homesteads  to  Actual  Settlers  on  the  Public  Domain," 
and  acts  amendatory  thereof. 

Sec.  11.  That  upon  the  survey  of  the  lands  aforesaid,  the  Secre- 
tary of  the  Interior  may  designate  and  set  apart  such  portions  of 
the  said  lands  as  are  clearly  agricultural  lands,  which  lands  shall 
thereafter  be  subject  to  pre-emption  and  sale  as  othtr  public  lands 
of  the  United  States,  and  subject  to  all  the  laws  and  regulations 
applicable  to  the  same.     Approved  July  26,  1866. 

Milling  Statute  of  July  9,  1870. 

AN   ACT  to  amend  an  act   granting  the  right  of  way  to  ditch   and   canal 
owners  over  the  public  lands,  and  for  other  purposes. 

[The  following  sections  of  the  above  entitled  act  are  still  in 
force.] 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  act 
o-ranting  the  right  of  way  to  ditch  and  canal  owners  over  the  public 
lands,  and  for  other  purposes,  approved  July  twenty-sixth,  eighteen 
hundred  and  sixty-six,  be,  and  the  same  is  hereby,  amended,  hy 
adding  thereto  the  folloiuing  additional  sections,  numbered  twelve, 
thirteen,  fourteen,  fifteen,  sixteen  and  seventeen  respectively, 
which  shall  hereafter  constitute  and  form  a  part  of  the  aforesaid 

act. 

Section  12.  That  claims  usually  called  "placers,"  including  all 
forms  of  dejyosit  except  veins  of  quartz  or  other  rock  in  place, 
shall  he  subject  to  entry  and  patent  under  this  act,  under  like  cir- 
cumstances and  conditions,  and  upon  similar  proceedings  as  are 
provided  for  vein  or  lode  claims:  Provided,  That  where  the  lands 
have  been  previously  surveyed  by  the  United  States,  the  entry,  in 
its  exterior  limits,  shall  conform  to  the  legal  subdivisions  of  the 
public  lands  no  further  survey  or  plat  in  such  case  being  required, 
and  the  lands  may  be  2>ci'id  for  at  the  rate  of  two  dollars  and  fifty 
cents  per  acre :  Provided  further,  That  legal  subdivisions  of  forty 
acres  may  be  subdivided  into  ten-acre  tracts,  and  that  two  or  more 
persons,  or  associations  of  persons,  having  contiguous  claims  of 
anv  size,  although  such  claims  may  be  less  than  ten  acres  each, 
may  make  joint  entry  thereof:  And  provided  further,  That  no 
location  of  a  phxcer-claim  liereafter  made  shall  exceed  one  hundred 
and  sixty  acres  for  any  one  person  or  association  of  persons,  which 


MINING   STATUTES.  ■  89 

location  shall  conform  to  the  United  States  surveys;  and  nothing 
in  this  section  contained  shall  defeat  or  impair  any  hona-fide  pre- 
emption or  homestead  claim  upon  agricultural  lands,  or  authorize 
the  sale  of  any  hona-fide  settler  to  any  purchaser. 

Sec.  13.  That  where  said  person  or  association,  they  and  their 
grantors,  shall  have  held  and  worked  their  said  claims  for  a  period 
equal  to  the  time  prescribed  by  the  statute  of  limitations  for  min- 
ing claims  of  the  State  or  Territory  where  the  same  maybe  situated, 
evidence  of  such  possession  and  working  of  the  claims  for  such 
period  shall  be  sufficient  to  establish  a  patent  thereto  under  this 
act,  in  the  absence  of  any  adverse  claim:  Provided,  however.  That 
nothing  in  this  act  shall  be  deemed  to  impair  any  lien  which  may 
have  attached  in  any  way  whatever  to  any  mining  claim  or  property 
thereto  attached  prior  to  the  issuance  of  a  patent. 

Sec.  14.  That  all  ex  parte  affidavits  required  to  be  made  under 
this  ace,  or  the  act  of  which  it  is  amendatory,  may  be  verified  be- 
fore any  officer  authorized  to  administer  oaths  within  the  land  dis- 
trict where  the  claims  are  situated. 

Sec.  15.  That  the  registers  and  receivers  shall  receive  the  same 
fees  for  services  under  this  act  as  are  provided  by  law  for  like 
services  under  other  acts  of  Congress ;  and  that  effect  shall  be  given 
to  the  foregoing  act  according  to  such  regulations  as  may  be  pre- 
scribed by  the  Commissioner  of  the  General  Land-Office. 

Sec.  16.  That  so  much  of  the  act  of  March  third,  eighteen  hun- 
dred and  fifty-three,  entitled,  "An  Act  to  Provide  for  the  Survey 
of  the  Public  Lands  of  California,  the  Granting  of  Pre-emption 
Rights,  and  for  other  purposes,"  as  provides  that  none  other  than 
township  lines  shall  be  surveyed  where  the  lands  are  mineral,  is 
hereby  repealed;  and  the  public  surveys  are  hereby  extended  over 
all  such  lands;  Provided,  That  all  subdividing  of  the  surveyed 
lands  into  lots  of  less  than  one  hundred  and  sixty  acres  may  be 
done  by  county  and  local  surveyors,  at  the  expense  of  the  claim- 
ants: And  provided  further,  That  nothing  herein  contained  shall 
require  the  survey  of  waste  or  useless  land. 

Sec.  17.  That  none  of  the  rights  conferred  by  sections  five,  eight, 
and  nine  of  the  act  of  which  this  is  amendatory,  shall  be  abrogated 
by  this  act;  and  the  same  are  hereby  extended  to  all  public  lands 
affected  by  this  act;  and  all  patents  granted,  or  pre-emptions  or 
homesteads  allowed,  shall  be  subject  to  any  vested  and  accrued 
water -rights,  or  rights  to  ditches  and  reservoirs  used  in  connection 
with  such  water-rights  as  may  have  been  acquired  under  or  recog- 
nized the  ninth  section  of  the  act  of  wliich  this  is  amendatory. 


90  MINING   STATUTES. 

[The  foregoing  is  the  entire  substance  of  the  act,  the  exception 
of  Sutro's  tunnel  being  alone  omitted.] 

Approved  July  9,  1870. 

The  foregoing  constitute  the  present  laws  of  Congress  respecting 
mining  claims  anywhere  within  the  United  States;  and  control  the 
location  and  extent  of  all  mining  claims  in  districts  which  do  not 
confine  claimants  to  smaller  quantities.  Where  mining  districts 
are  not  organized  or  have  become  obsolete,  the  claims  should  be 
recorded  with  the  county  recorder  of  the  county  in  which  the 
claim  is  located,  and  in  Nevada  now,  in  all  cases  it  is  better,  at 
least,  to  do  so.  The  italics  in  the  body  of  the  sections  have  been 
inserted  for  convenience. 

In  the  case  of  the  Flagstaff  Silver  Minmg  Company  v.  Helen 
Tarbet  (Utah),  the  Supreme  Court  of  the  United  States  laid  down 
the  following  suggestive  rules: 

First.  The  location  of  a  mining  claim  upon  a  lode  or  vein  of 
ore  should  be  laid  along  the  same  lengthwise  of  its  course,  at  or 
near  the  surface,  both  under  the  Mining  Act  of  1866  and  that  of  1872. 

Second.  Each  locator  is  entitled  to  follow  the  dip  of  the  lode  or 
vein  to  an  indefinite  depth,  even  though  it  carries  him  outside  of 
the  side  lines  of  the  location,  but  this  right  is  based  on  the  hypo- 
thesis that  the  side  lines  substantially  correspond  with  the  course 
of  the  lode  or  vein  at  the  surface,  and  that  it  is  bounded  at  each 
end  by  the  end  lines  of  the  location,  crossing  the  lode  or  vein  and 
extended  perpendicularly  downward  and  indefinitely  in  their  own 
direction. 

Third.  If  the  location  be  laid  crosswise  of  the  lode  or  vein,  so 
that  its  greatest  length  crosses  the  same  instead  of  following  the 
"course  thereof,  it  will  secure  only  so  much  of  the  vein  as  it  actually 
crosses  at  the  surface,  and  the  side  lines  of  the  location  will  become 
the  end  lines  thereof,  for  the  purpose  of  defining  rights  of  owners. 

Fourth.  A  locator  working  subterraneously  into  the  dip  of  the 
vein  belonging  to  another  locator,  who  is  in  possession  of  his  loca- 
tion, is  a  trespasser  and  liable  to  action  for  taking  ore  therefrom. 
In  accordance  with  these  principles  this  court  holds  that  the  Flag- 
staff Company  is  outside  of  its  rightful  boundaries,  and  it  there- 
fore affirms  the  judgment  of  the  lower  court  in  favor  of  Helen 
Tarbet. 


CHAPTER  V. 


FORMS  REQUTRED   UNDER  MINING  ACT  OF  MAY 
10,  1872,  AND  OTHER  MINING  FORMS. 


Form  A. — Notice  of  Location. 

Notice  is  hereby  given  that  the  undersigned,  having   complied 

with  the  requirements  of  the  mining  act   of  Congress,    approved 

May  10,  1872,  and  the  local  customs,  laws,  and   regulations,  has 

located  fifteen  hundred  linear  feet  on  the  lode   (twenty  acres 

of  placer  mining  ground)  situated  in    mining   district, 

county,  ,  and  described  as  follows  : 

[Describe  the  claim  accurately,  by  courses  and  distances,  if  possible  ;  by  legal 
subdivisions,  if  a  placer  claim  is  located  on  surveyed  land.] 


[Name  of  locator.] 

Located 18 — . 

Recorded 18 — . 

Record  of  location  notices,  in  absence  of  a  district  recorder 
should,be  made  with  the  proper  recorder  of  deeds  for  the  county 
wherein  the  claim  is  situated.  The  affidavits  of  at  least  two  disin- 
terested persons  that  all  the  requirements  of  the  Congressional  and 
local  laws  have  been  complied  with  should  also  be  recorded,  sub- 
stantially as  follows  : 

Territory  of- ,  [ 

County  of .    f  ^^- 

and ,  each  for  himself,  and  not  one  for  the  other,  being 

first  duly  sworn,  deposes  and  says,  that  he  is  of  lawful  age,  and  a 
citizen  of  the  United  States  ;  that  he  has  read  the  notice  of  location 

of  fifteen  hundred  feet  on  the lode,  by  Richard  Roe  ;  that  the 

description  of  said  lode,  viz.: 

[Give  description.] 
as  therein  given  is   true   and   correct;  that  the  said  Richard  Roe 
has,  in  every  respect  fully  complied  with  the  requirements  of  the 

(91) 


92  MINING    FORMS. 

mining   act  of  Congress,  approved  May   10,  1872,  and  the   local 
customs  and  laws  regulating  mining  locations. 


Subscribed  and  sworn  to  before  me,  this day  of ,  a.  d. 

13 — ^  and  I  hereby  certify  that  I  consider  the  said and 

credible  and  reliable  persons. 

[seal.] 

Notary  Public  (or  other  officer  using  a  seal). 


Form  B. — Request  for  Survey. 

,  18- 

-,  Esq.,  U.  S.  Surveyor-General. 


Sm :  In  accordance  with   the   provisions  of  the  mining   act  of 
May  10, 1872,  I  have  the  honor  to  apply  for  an    official  survey  of 

the  mining  claim  known  as  the mine,  situated  in mining 

district, county,  in   township of  range ,   meridian, 

of ,  and  request  an  estimate  of  the  amount  to  be  deposited 

for  the  work  to  be  done  in  your  office. 

Thereafter  I  have  to  request  that  you  will   issue  the  necessary 

instructions  to ,  Esq.,    U.   S.  Deputy-Surveyor,  with  whom  I 

have  made  satisfactory  arrangements  for  field  work   in  surveying 
the  premises. 

Very  respectfully, 

,  Claimant. 

P.  O.  address, , County, 

[Note.— Survey  is  not  required  when  placer  claims  embrace  legal  subdivis- 
ions.] 


Form  C— Application  for  Patent. 


County  of 

Application  for  ])atent  for  the mining  claim. 

To  the  Kegister  and  Receiver  of  the  U.  S.   Land-Office   at   , 

-,  being  duly  sworn,  according  to  law,  deposes  and   says,  that 


in  virtue  of  a  compliance  with  the  mining  rules,  regulations,  and 
customs,  by  himself,  the  said   (and  his  co-claimants, 


MINING    FORMS.  93 

),  applicants  for  patent   herein,  ba—  become  the  owner—  of, 

and  are  in  the  actual,  quiet,  and    undisturbed  possession   of,  and 

entitled  to  the  possession  of linear  feet  of  the vein,  lode, 

or  deposit,  bearing ,  together   with   surface  ground feet 

in  width,  for  the  convenient  working  thereof,  as  allowed  by  local 
rules  and  customs  of  miners;  said  mineral  claim,  vein,  lode,  or  de- 
posit and  surface  ground  being  situate  in  the mining  district, 

county  of ,  and of ,  and  being  more  particularly  set 

forth  and  described  in  the   official  field  notes  of  survey  thereof, 

hereto  attached,  dated  the day  of ,  a.  d.  18 — ,  and  in  the 

official  plat  of  said  survey,  now  posted  conspicuously  upon  said 
mining  claim  or  premises,  a  copy  of  which  is  filed  herewith.  De- 
ponent further  states  that  the  facts  relative  to  the  right  of  posses- 
sion of  himself  (and  his  said  co-claimants  hereinbefore  named)  to 
said  mining  claim,  vein,  lode  or  deposit  and  surface-ground,  so 
surveyed  and  platted,  are  substantially  as  follows,  to-wit  : 

[Description  of  claim.] 
Which  will  more  fully  appear  by   reference   to  the  copy  of  the 
original  record  of  location,  and  the  abstract  of  title  hereto  attached 
and  made  apartof  this  affidavit ;  the  value  of  the  labor  done  and 

improvements   made  upon  said claim  by   himself   and  his 

grantors,  being  equal  to  the  sum  of  five  hundred  dollars  in  gold 
coin  of  the  United  States. 

In  consideration  of  which  facts,  and  in  conformity  with  the 
provisions  of  the  act  of  Congress  approved  May  10,  1872,  entitled 
"  An  act  to  promote  the  development  of  the  mining  resources  of 
the  United  States,"  application  is  hereby  made  for  and  in  behalf 

of  said ,  and ,  for  a  patent  from  the  Government  of  the 

United  States,  for  the  said ■  mining  claim,  vein,  lode,  deposit 

and  the  surface-ground,  so  officially  surveyed  and  platted. 


Subscribed  and  sworn  to  before  me,  this day  of ,  a.  d. 

18 — ;  and  I  hereby  certify  that  I  consider  the  above  deponent  a 
credible  and  reliable  person,  and  that  the  foregoing  affidavit,  to 

which  was  attached  the  field-notes  of  survey  of  the mining 

claim,  was  read  and  examined  by  him  before  his  signature  wa& 
affixed  thereto  and  the  oath  made  by  him. 

[seal.]  


[The  above  form  is  slightly  changed  in  applying  for  placer  mines.] 


94  MINING   FOKMS. 

PormD.— Proof  of  Posting  Notice  and  Diagram  of  the  Claim. 

of .  )    g 

County  of .  f 

and  — — ,  each  for  himself  and  not  one  for  the  other,  being 


first  duly  sworn  according  to  law,  deposes  and  says,  that  he  is  a 
citizen  of  the  United  States,  over  the  age  of  twenty-one  years,  and 
was  present  on  the day  of ,  a.  d.  18 — ,  when  a  plat  rep- 
resenting the ,  and  certified  to  as  correct  by  the  U.  S.  Sur- 
veyor-General of ,  together  with  a  notice  of  the  intention  of 

and to  apply  for  a   patent  for  the    mining   claim   and 

premises  so  platted,  was  posted  in  a  conspicuous  place  upon  said 

mining  claim ;  to  wit,  upon ,  where  the  same  could  be  easily 

seen  and  examined;  the  notice  so  conspicuously  posted  upon  said 
claim  being  in  words  and  figures  as  follows,  to  wit: 

"Legal  Notice  of  the  application  of and for  a  United 

States  Patent. 

"Notice  is  hereby  given,  that  in  pursuance  of  the  act  of  Con- 
gress, approved  May  10,  1872,   '  To  promote  the  development  of 

the  mining  resources  of  the  United  States,' and claiming 

linear  feet  of  the vein,  lode,  or  mineral  deposit,  bearing 

,  with  surface  ground feet  in  width,  lying  and  being  situate 

within  the  -= —  mining  district,  county  of and of has 

made  application  to  the  United  States  for  a  patent  for  the  said 
mining  claim,  which  is  more  fully  described  as  to  metes  and  bounds, 
by  the  official  plat,  herewith  posted,  and  by  the  field  notes  of  sur- 
vey thereof,  now  filed  in  the  office  of  the  register  of  the   district 

of  lands  subject  to  sale  at ,  which  field-notes  of  survey  describe 

the  boundaries  and  extent  of  said  claim  on  the  surface,  with  mag- 
netic variation  at east,as  follows,  to  wit: 

"Beginning,  etc., 

[Full  description  by  courses  and  distances.] 
the  said  mining  claim  being  of  record  in  the  office  of  the  recorder 

of ,  at ,  in  the  county  and  State  aforesaid,  the  presumed 

general  course  or  direction  of  the  said vein,  lode,  or  mineral 

deposit  being  shown  upon  the  plat  posted  herewith,  as  near  as  can 

be  determined  from  present  developments,  this  claim  being  for 

linear  feet  thereof,  together  with  the  surface  ground  shown  upon 
the  official  plat  posted  herewith;   the  said  vein,  lode,  and  mining 

premises  hereby  sought  to  be  patented,  being  bounded  on  the 

by  the mining  claim,  the  said claim  being  designated  as 

Lot  No.  in  the  official  plat  posted  herewith. 


MINING   FOKM8.  95 

"Any  and  all  persons  claiming  adversely  the  mining  ground, 
vein,  lode,  premises,  or  any  portion  thereof  so  described,  surveyed, 
platted,  and  applied  for,  are  hereby  notified  that  unless  their 
adverse  claims  are  duly  filed  according  to  law,  and  the  regulations 
thereunder,  within   sixty   days  from   the   date   hereof,  with  the 

Register  of  the  U.  S.  Land-Office,  at ,  in  the  of , 

they  will  be  barred,  in  virtue  of  the  provisions  of  said  statute." 

[Name  of  applicant] 

Dated  on  the  ground,  this day  of ,  a.  d.  18 — . 

[Names  of  witnesses.] 

Subscribed  and  sworn  to  before  me,  this day  of a.  d. 

18 — ,  and  I  hereby  certify  that  I  consider  the  above  deponents 
credible  and  reliable  witnesses,  and  that  the  foregoing  affidavit 
and  notice  were  read  by  each  of  them  before  their  signatures  were 

affixed  thereto,  and  the  oath  made  by  them.  , 

Notary  Public. 

All  proofs  required  in  mining  applications  may  be  sworn  to  be- 
fore the  register  or  receiver  of  the  land-office,  or  a  notary  public, 
or  other  officer  authorized  to  administer  oaths,  whose  official  char- 
acter must  be  verified  under  seal. 


Form  E. — Proof  that   Plat  and  Notice  Remained  Posted 
on  Claim  During  Publication. 

of ,  )    g 

County  of .  j 

,  being  first  duly  sworn  according  to  law,  deposes  and  says 

that  he  is  claimant  (and  co-owner  with )  in  the mining 

claim,      —  mining  district,  county,  ;   the  official  plat  of 

which  premises,  together  with  a  notice  of  intention  to  apply  for  a 

patent  therefor,  was  posted  thereon  on  the  — ■ —  day  of ,  a.  d. 

18 — ,  as  fully  set  forth  and  described  in  the  affidavit  of  and 

dated   the  day  of ,  a,  d.  18 — ,  which  affidavit  was  duly 

filed  in  the  office  of -the  register  at ,  in  this  case;  and  that  the 

plat  and  notice  so  mentioned  and  described  remained  continuously 

and  conspicuously  posted  upon  said  mining  claim  from  the day 

of ,  A.  D.  18 — ,  until  and  including  the day  of ,  a.  d. 

18 — ,  including  the  sixty  days  period  during  which  notice  of  said 
application  for  patent  was  published  in  the  newspaper. 


A.   D. 


Subscribed  and  sworn  to  before  me,  this day  of  — 

18 — ;  and  I  hereby  certify  that  the  foregoing  affidavit  was  read  to 


96  MINING    FORMS. 

the  said ,  previoua  to  his  name  being  subscribed  thereto;  and 

that  deponent  is  a  respectable  person,  to  whose  affidavit  full  faith 
and  credit  should  be  given. 

[seal.]  Notary  Public. 


Form    F.— Register's  Certificate    of    Posting    Notice  for 

Sixty    Days. 

XJ.  S.  Land-Office  at , 

,  18-. 

I  hereby  certify  that  the  official  plat  of  the lode  was  filed 

in  this  office  on  the day  of ,  a.   d.  18 — ,    and  that  the 

attached  notice  of  the  intention  of to  apply  for  a  patent  for  the 

mining  claim  or  premises  entered  by  said  plat,  and  described 
in  the  field-notes  of  surveys  thereof,  filed  in  said  application,  was 

posted  conspicuously  in  this  office  on  the day  of ,  a.  d. 

18 — ,  and  remained  so  posted  until  the day  of ,  a.  d.  18 — , 

being  the  full  period  of  sixty  consecutive  days,  as  required  by  law; 
and  that  said  plat  remained  in  this  office  during  that  time,  subject 
to  examination,  and  that  no  adverse  claim  thereto  has  been  filed. 


Register. 
[The  notice  posted  in  the  oflSce  should  be  attached  to  this  certificate.] 


Form  G. — Agreement  of  Publisher. 

The  undersigned  publisher  and  proprietor  of  the ,  a  daily 

and  weekly  newspaper,  published  at ,  county  of ,  and 

of ,  do  hereby  agree  to  publish  a  notice,  dated  U.  S.  Land- 
office,  required  by  act  of  Congress,  approved  May  10,  1872,  of  the 

intention  of to  apply  for  a  patent  for  his  claim  on  the lode, 

situated  in mining  district,  county  of ,  of ,  and  to  hold 

the  said alone  responsible  for  the  amount  due  for  publishing 

the  same.  And  it  is  hereby  expressly  stipulated  and  agreed  that 
no  claim  shall  be  made  against  the  Government  of  the  United 
States,  or  its  officers  or  agents,  for  such  publication. 

Witness  ray  hand  and  seal  this day  of ,  a.  d.  18 — . 

Witness  : 


MINING    FORMS.  97 

Form   H. — Proof  of  Publication. 


■,  I  ^^- 


of ,  ^ 

County  ol 

being  first  duly  sworn,  deposes  and  says  that  he  is  the 

of  the ,  a  newspaper  published  at ,  in county,  in  the 

of ,  that  the  notice  of  application  for  a  patent  for  the 

mining  claims,  of  which  a  copy  is  hereto  attached,  was  first  pub- 
lished in  said  newspaper,  in  its  issue  dated  the of ,  18 — , 

and  was  published  in  each  (daily  or  weekly)  issue  of  said  newspa- 
per for  fifty-nine  consecutive  days  or  eight  consecutive  weeks  there- 
after the  full  period  of  sixty  days,  the  last  publication  thereof 
being  in  the  issue  dated  the day  of ,  18 — . 

Subscribed  and  sworn  to  before  me  this day  of ,  a.  d- 

18-. , 

[seal.]  Notary  Puhlic. 


Form  I. — Affidavit   of  Five  Hundred  Dollars  Improve- 
ments. 


of- 


County  of  • 


-,} 


ss. 


and ,  of  lawful  age,  being  first  duly  sworn  according 

to  law,  depose  and  say  that  they  are  acquainted  with  the 


mining  claim  in  mining  district,  county  and aforesaid, 

for  which has  made  application  for  patent  under  the  pro- 
visions of  the  act  of  Congress,  approved  May  10,  1872,  and  that 
the  labor  done  and  improvements  made  thereon  by  the  applicant 
and  his  grantors  exceed  five  hundred  dollars  in  value. 


Subscribed  and  sworn  to  before  me,  this day  of ,  a.  d. 

18—. 


Form  J. — Statement  and  Charge  of  Fees. 

-of ) 

County  of  — ,   f  ^^*  ' 

being  first  duly  sworn  according  to  law,  deposes  and  says 


that  he  is  the  applicant  for  patent  for  the lode  in mining 

district,  county  of ,  of ,  under  the  provisions  of  the  act 

of  Congress  approved  May  10,  1872,  and  that  in  the  prosecution 
of  said  application  he  has  paid  out  the  following  amount;  viz., 


98  MINING    FORMS. 

To  the  credit  of  the   Surveyor-General's  office, dollars;  for 

surveying, ,  dollars;  for  filing  in  the  local  land-office, 

dollars;  for  publication  of  notice, dollars,    and   for   the  land 

embraced  in  his  claim, dollars. 


Subscribed  and  sworn  to  before  me,  this day  of a.   d. 

187—. 

[Seal.]  , 

Notary  Public. 


Porm  K. — Proof  of  O-wnership  and  Possession  in  Case  of 
IjOSS  or  Absence  of  Mining  Records. 

of ,  \  gg 

County  of .  [ 

-  and ,  each  for  himself,  and  not  one  for  the  other,  being 


first  duly  sworn  according  to  law,  deposes  and  says,  that  he  is  a 
citizen  of  the  United  States,  over  the  age  of  twenty -one  years, 
and  a  resident  of county, ,  and  has  resided  in min- 
ing district,  wherein  the mine  is  situate,  since day  of 

,  18 — .     That  since  said  date  he  has  been  acquainted  with 

the mine,  and  with  the  possessors  and  workers  thereof.   That 

said  mine  was  located  and  has  been  possessed  and  worked  in 
accordance  with  the  customs  and  usages  of  miners  in  said  district, 
and  in  conformity  with  the  rules  and  regulations  regulating  the 
location,    holding  and  working  of  mining  claims,    in  force  and 

observed  in  the  State  of .     That  there  are  no  written  records 

known  to  deponent  existing  in  said  mining  district.     That  affiant 

is  credibly  informed  and  believes  that  the  — mine  was  located  in 

the  year  18 — ,  and  that  if  any  record  was  made  of  said  location,  and 
of  the  names  of  locators,  the  same  has  not  been  in  existence  for  a 
long  number  of  years  past,  and  that  by  reason  thereof  the  names 
of  locators  can  not  now  be  ascertained,  and  no  abstract  of  title  from 
locators  to  the  present  owner  can  be  made.     That  the  possession 

of  applicant  and  his  predecessors  in   interest  of  said mine, 

has  been  actual,  notorious,  and  continuous,  to  the  positive  knowl- 
edge of  deponent,  since  his  residence  in  said  mining  district,  and 
that  such  possession  has  been  perfected  and  maintained  in  con- 
formity with  mining  usages  and  customs,  and  has  been  acquiesced 
in  and  respected  by  the  miners  of  the  said  district.  That  appli- 
cant's riglit  to  the  said  mine  is  not  in   litigation  within  the 

knowledge  of  affiant,  and  that  no  action  or  actions  have  been  com- 


MINING    KOKMS.  99 

meiiced,  affecting  the  right  to  said  mine  since  his  acquaintance 
therewith  (and  that  the  time  for  the  commencement  thereof,  as 
required  to  be  instituted  undsr  the  provisions  of  the  Statute  of 

Limitations  of  the  of has  long  since  elapsed).     That 

applicant  and  his  predecessors  in  interest  have  expended  in  the 
improvement,  development,  and  working  of  said  mine,  a  sum  of 
money  exceeding dollars,  as  follows,  to  wit: . 


Subscribed  and  sworn  to  before  me,  this day  of ,  a.  d. 

18 — ,  and  I  certify  that  the  atbren-amed and are  credible 

and  respectable  persons,  to  whose  affidavits  full  faith  and  credit 
should  be  given. 

[seal.] . 


Form  L.— AflB-davit  of  Citizenship. 


"f     ■ 


County  of 


|. 


being  first  duly  sworn  according  to  law,  deposes  and  says, 

that  he  is  the   applicant  for  patent  for  mining  claim,  situate 

in mining  district,  county  of ;  that  he  is  a  na citizen 

of  the  United  States,  born  in  the  county  of ,  State  of ,  in 

the  year  18 — ,  and  is  now  a  resident  at . 


Subscribed  and  sworn  to  before  me,  this day  of ,  a.  d. 

18—. 

[seal.]  • 


[Note— Naturalized  citizens  are  required  to  furnish  certified  copies  of  their 
naturalization  papers.] 


Form  M.— Certificate  that  no  Suit  is  Pending. 

«f Iss 

County  of .  f 

I, ,  clerk  of  the court  in  and  for county,  ,  do 

hereby  certify  that  there  is  now  no  suit  or  action  of  any  character 

pending  in  said  court,  involving  the  right  of  possession  to  any  por- 


100  MINING    FORMS. 

tion  ot  the mining  claim,  and  that  there  has  been  no  litiga- 
tion before  said  court  affecting  the  title  to  said  claim,  or  any  part 

thereof,  for years  last  past,  other  than  what  has  been  finally 

decided  in  favor  of . 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  aflSxed  the 

seal  of  said  court,  at  my  office  in ,  this day  of ,  a.  d. 

18—. 

[seal.]  ' 

Clerk  of  the Courts . 


Form  N.— Power  of  Attorney. 

Know  all  men  by  these  presents,  that  we,  and  ,   do 

hereby  constitute  and  appoint as  our  attorney  in  fact,  for  us 

and  in  our  names  to  make  application  to  the  United  States  for  the 

entry  and  purchase  of  certain  Government  lands,  in mining 

(district,  county, of ,  known  as  the mining  claim 

and  premises;  and  to  have  the  same  surveyed,  and  to  take  any  and 
all  steps  that  may  be  necessary  to  procure  from  the  Government  of 
the  United  States  a  patent  to  the  said  lands  and  premises,  grant- 
ing the  same  to  us.  And  to  do  all  other  acts  appertaining  to  the 
said  survey  and  entry  aforesaid,  as  we  ourselves  could  do  by  our 
own  act,  and  in  our  own  proper  person. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  affixed 
our  seals  the day  of ,  a.  d.  18 — . 


of 


ss. 


County  of  — 

Personally  appeared,  etc.  [Usual  acknowledgment] 


Form  O. — Protest  and  Adverse  Claim. 

United  States  Land  Office, of . 

In  the  matter  of  the  application  of  for  a  United  States 

patent  for  the lode  or  mining  claim  and  the  land  and  premises 

appertaining  to  said  mine,  situated  in  the mining  district  in 

county,  of . 

To  the  Register  and  Receiver  of  the  United  States  Land-Office 


MINING    FORMS.  '  101 

at ,  and  to  the  above-named  applicant  for  patent  for  the 

lode. 

You  are  hereby  notified  that ,  of  the of ,  county  of 

and  of ,  and  a   citizen  of  the   United   States  of 


America,  is  the  lawfiil  owner,  and  entitled  to  the  possession  of 
hundred  feet  of  the  said lode  or  mine  described  in  said  appli- 
cation, as  shown  by  the  diagram  posted  on  said  claim,  and  the 
copy  thereof  filed  in  the  land-office  with  said  application,  and  as 

such  owner  this  contestant,  the  said ,  does  protest  against  the 

issuing  of  a  patent  thereon  to  said  applicant,  and  does  dispute  and 
contest  the  right  of  said  applicant  therefor. 

And  this  contestant  does  present  the  nature  of  his  adverse 
claim,  and  does  full}'-  set  forth  the  same  in  the  affidavit  hereto 
attached,  marked  Exhibit  "A,"  and  the  further  exhibits  thereunto 
attached,  and  made  part  of  said  affidavit. 

That  said therefore  respectfully  asks  the  said  register  and 

receiver  that  all  further  proceedings  in  the  matter  be  stayed,  until 
a  final  settlement  and  adjudication  of  the  rights  of  this  contestant 
can  be  had  in  a  court  of  competent  jurisdiction. 

[Place  and  date.]  

[Exhibit  ''A."] 
of 


County  of .  |      * 

being  first  duly  sworn,  deposes  and  says,  that  he  is  a  citizen 

of  the  United  States,  born  in  the  State  of ,  and  now  residino-  in 

;  that  he  is  the  contestant  and  protestant  named  in,  and  who 

subscribed  the  notice  and  protest  hereto  annexed.  Affiant  farther 
says  that  he  is  the  owner  by  purchase  and  in  possession  of  the  (ad- 
verse) lode  or  vein  of  quartz  and  other  rock  in  place,  bearing 

and  other  metals.     That  said  lode  is  situated  in  the mining 

district,  county, of . 

[The  history  of  the  lode  may  be  given,  if  deemed  advisable,  as  follows  :] 

This  affiant  further  says,  that  on  the  day  of  its  location  the  prem- 
ises hereinafter  described  were  mineral  lands  of  the  public  domain, 
and  entirely  vacant  and  unoccupied,  and  were  not  owned,  held,  or 
claimed  by  any  person  or  party  as  mining  ground  or  otherwise,  and 
that  while  the  same  were  so  vacant  and  unoccupied  and  unclaimed 

to  wit,  on  the day  of ,  18—,  [name  locators],  each  and 

all  of  them  being  citizens  of  the  United  States,  entered  upon  and 
explored  the  premises,  discovered  and  located  the  said lode. 


102  MINING    FORMS. 

and  occupied  the  same  as  mining  claims.     That  the  said  premises 

80  located  and  appropriated  consist  of thousand  feet  in  a er- 

ly  direction,  and thousand  feet  in  a erly  direction,  together 

with  all  the  dips,  spurs,  angles,  depths,  widths,  offshoots  and  varia- 
tions, as  will  fully  appear  by  reference  to  the  notice  of  location,  a  duly 
certified  copy  whereof  is  hereunto  annexed,  marked  Exhibit  "B," 
and  hereby  made  a  part  of  this  affidavit.     That  said  locators,  after 

the  discovery  of  said lode,  drove  a  stake  on  said  lode  on  the 

discovery  claim,  erected  a  monument  of  stone  around  said  stake, 
and  placed  thereon  a  written  notice  of  location,  describing  the 
claim  so  located  and  appropriated,  giving  the  names  of  the  locators 
and  quantity  taken  by  each,  and  after  doing  all  the  acts  and  per- 
forming all  the  labor  required  by  the  laws  and  regulations  of  said 

mining  district  and  Territory  of ,  the  locators  of  said  lode 

caused  said  notice  to  be  filed  and  recorded  in  the  proper  books  of 

record  in  the  recorder's  office  in  said  district  on   the  day  of 

18—. 

Affiant  further  says  that  the  said  locators  remained  continuously 
in  possession  of  said  lode,  working   upon  the  same,   and  within 

months  from  the  date  of  said  location,  had  done  and  performed 

work  and  labor  on  said  location,  in  mining  thereon  and  de- 
veloping the   same,   of  more  than days'  work,  and  expended 

on  said  location  more  than hundred  dollars,  and,  by  said  labor 

and  money  expended  upon  the  said  mining  location  and  claim,  had 
developed  the  same  and  extracted  therefrom  more  than tons  of 

ore. 

And  affiant  further  says  that  said  locators  in  all  respects  com- 
plied with  every  custom,  rule,  regulation,  and  requirement  of  the 
raining  laws,  and  every  rule  and  custom  established  and  in  force  in 

said mining  district,   and  thereby  became  and  were  owners 

(except  as  against  the  paramount  title  of  the  United  States)  and 
the  rightful  possessors  of  said  mining  claims  and  premises. 

And  this  affiant  further  says  that  said  locators  proved  and  estab- 
lished to  the  satisfaction  of  the  recorder  of  said  mining  dis- 
trict, that  they  liad  fully  complied  with  all  the  rules,  customs, 
regulations,  and   requirements   of  the   laws  of  said   district,  and 

thereupon  the  said  recorder  issued  to  the  locators  of  said ^lode, 

certificates  confirming  their  titles  and  rights  to  said  premises. 

That  the  said  lode  was  located  and  worked  by  the  said  locators  as 
tenants  in  common,  and  they  so  continued  in  the  rightful  and  undis- 
puted possession  thereof,  from  the  time  of  said  locations  until  on  or 


MINING   FORMS.  .  103 

about  the day  of ,  IS — ,  at  which  time  the    said  locators 

and  owners  of  said  lode  formed  and  organized  under  the  laws  of  the 

State  (or  Territory)  ot •,  and  incorporated   under  the  name  of 

the  " ,"  and,  on  the day  of ,  18 — ,  each  of  the  locators 

of  said  lode  conveyed  said  lode,  and  each  of  the  rights,  titles,  and 
interests  in  and  to  said  lode,  to  said  " mining  company." 

On  the  said day  of  18 —  the  said  company  entered  into  and 

upon  said lode,  and  was  seized  and  possessed  thereof  and  every 

part  and  parcel  of  the  same,  and  occupied  and  mined  thereon  until 
the day  of 18 — ,  at  which  time  the  said  minino-  com- 
pany sold  and  conveyed  the  same  to  this  affiant,  which  said  several 
transfers  and  conveyances  will  fully  appear  by  reference  to  the  ab- 
stract of  title  and  papers  hereto  attached,  marked  Exhibit  "  D,  "and 
made  a  part  of  this  affidavit. 

(In  case  of  individual  transfers.)     And  this  affiant  farther  says 
that  the  said  Richard  Roe,  who  located  claim  No.  1  northwesterly 

of  the  said lode,  and  the  said  John  Doe,  who  located  claim 

'No.  2  northwesterly  thereon,  were  seized  and  possessed  of  said 

claims,  and  occupied  and  mined  thereon  until  the day  of , 

18 — ,  at  whfch  time  the  said  Richard  Roe  and  John  Doe  sold  and 
conveyed  the  same  to  John  Smith,  and  thereupon  the  said  John 
Smith  was  seized  and  possessed  of  said  mining  claims  and  loca- 
tions, and  occupied  and  mined  thereon  until  the dav  of 

18 — ,  at  which  time  the  said  John  Smith  sold  and  conveyed  the 
same  to  this  affiant,  as  will  fully  appear  by  reference  to  the  abstract 
of  title  and  paper  hereto  attached,  marked  Exhibit  '•  D."  and  which 
this  affiant  hereby  makes  a  part  of  this  his  affidavit. 

Affiant  further  says  that  he  is  now  and  has  been  in  the  occupa- 
tion and  possession  of  the  said lode,  since  the day  of . 

18 — ,  and  that  said  lode  and  mining  claims  were  located  and  the 

title  thereto  established  several before  said  (applied  for) 

lode  was  located.  [In  case  the  history  of  the  lode  is  not  traced, 
the  following  may  be  inserted]:  And  the  record  title  to  said  (ad- 
verse) lode  is  in  this  affiant,  as  will  fully  appear  by  reference  to 
the  abstract  of  title  and  paper  hereto  attached,  marked  Exhibit 
"D,"  and  which  this  affiant  hereby  makes  a  part  of  this  his  affi- 
davit. 

Affiant  further  says  that  said lode,  as  shown  by  the  notice 

and  diagram  posted  on  said  claim  and  the  copy  thereof  filed  in  the 

United  States  Land-Office  at  said ■,  with  said  application  for  a 

patent,  crosses  and  overlaps  said lode,  and   embraces  about 


104r  MINING    FORMS. 

hundred  feet  in  length  by hundred  feet  in  width  of  the 

said lode,  the  property  of  this  affiant,  as  fully  appears  by 

reference  to  the  diagram  or  map  duly  certified  by United 

States  Deputy  Surveyor,  hereto  attached,  marked  Exhibit  "C," 
and  which  diagram  presents  a  correct  description  of  the  relative 
locations  of  the  said  (adverse)  lode  and  of  the  (pretended)  (applied 
for)  lode. 

Affiant  further  says  that  he  is  informed  and  believes  that  said 
applicant  for  patent  well  knew  that  the  affiant  was  the  owner  in 
possession  and  entitled  to  the  possession  of  so  much  of  said  mining 
ground  embraced  within  the  survey  and  diagram  of  said  applica- 
tions as  is  hereinbefore  stated,  and  that  this  affiant  is  entitled  to 

all  the and  other  metals  in  said  (adverse)  lode,  and  all  that 

may  be  contained  within  a  space  of feet  on  each  side  of  said 

(adverse)  lode. 

nd  affiant  further  says  that  this  protest  is  made  in  entire  good 
faith  and  with  the  sole  object  of  protecting  the  legal  rights  and 
property  of  this  affiant  in  the  said  (adverse)  lode  and  mining 
premises. 


Subscribed  and  sworn  to  before  me  this day  of a. 

18—. 


[Surveyor's  Certificate.] 

On  the  diagram  marked  Exhibit  "  C  "  the  surveyor  must  certify- 
in  effect  as  follows: 

1  hereby  certify  that  the  above  diagram  correctly  represents  the 
conflict  claimed  to  exist  between  the and lodes,  as  actu- 
ally surveyed  by  me.  And  I  further  certify  that  the  value  of  the 
labor  and  improvements  on  the  ''adverse)  lode  exceeds  five  hundred 
dollars. 

[Place  and  date.] 


TJ.  S.  Deputy  Surveyor. 


Form  P. — Non-Mineral  Affidavit. 

County  of 


of  ^  ^^- 


,  being  duly  sworn  according  to  law,  deposes  and  says  that 

he  is  the  identical ,  who  is  an  applicant  for  Government  title 


MINING    FORMS.  105 

to  the  ■ ;  that  he  is  well  acquainted  with  the  character  of  said 

described  land,  and  with  each  and  every  legal  subdivision  thereof, 
having  frequently  passed  over  the  same;  that  his  knowledge  of 
said  land  is  such  as  to  enable  him  to  testify  understandingly  with 
regard  thereto;  that  there  is  not,  to  his  knowledge,  within  the 
limits  thereof,  any  vein  or  lode  of  quartz  or  other  rock  in  place, 
bearing  gold,  silver,  cinnabar,  lead,  tin  or  copper,  or  any  deposit 
of  coal ;  that  there  is  not  within  the  limits  of  said  land,  to  his 
knowledge,  any  placer,  cement,  gravel  or  other  valuable  mineral 
deposit;  that  no  portion  of  said  land  is  claimed  for  mining  purposes 
under  the  local  customs  or  rules  of  miners  or  otherwise ;  that  no 
portion  of  said  land  is  worked  for  mineral  during  any  part  of  the 
year  by  any  person  or  persons;  that  said  land  is  essentially  non- 
mineral  land,  and  that  his  application  therefor  is  not  made  for  the 
purpose  of  fraudulently  obtaining  title  to  mineral  land,  but  with 
the  object  of  securing  said  land  for  agricultural  puruoses. 

Subscribed  and  sworn  to  before  me,  this day  of ,  a.  d. 

18 — ;  and  I  hereby  certify  that  the  foregoing  affidavit  was  read  to 

the  said previous  to  his  name  being  subscribed  thereto;    and 

that  deponent  is  a  respectable  person  to  whose  affidavit  full  faith 
and  credit  should  be  given. 


Form  Q.— Proof  that  no  Kaown  Veins  Exist  in  a  Placer 

Mining  Claim. 


State  of         ,  ,  gg 


County  of  — 

and ,  of  the  said  county  and  State,  being  first  duly 

sworn,  each  for  himself,  deposes  and  says  that  he  is  well  acquainted 

with  the placer  mining  claim,  embracing  (legal  subdivisions) 

situated  in  the mining    district,  in  the  county  of and 

State  of ,  owned  and  worked  by ,  applicant  for  United 

States  patent;  that  for  many  years  he  has  resided  near  and  often 
been  upon  the  said  mining  premises,  and  that  no  known  vein  or 
veins  of  quartz  or  other  rock  in  place,  bearing  gold,  silver,  cinna- 
bar, lead,  tin  or  copper  exist  on  said  mining  claim,  or  on  any  part 
thereof,  so  far  as  he  knows,  and  he  verily  believes  that  none  exist 


106  MINING    FORMS. 

thereon.    And  further,  that  ]ie  has  no  interest  whatever  in  the  said 
placer  mine  of . 


[To  be  sworn  to  before  an  officer  using  a  seal.] 

Every  requirement  of  the  act  of   Congress  of  May  10,  1872, 
must  he  cmnjplied  with  to  the  letter^  or  a  patent  will  not  he  granted. 


Further  Convenient  Notices  of  Liocation  of  Mining  and 

Other  Claims 

where  there  are  no  district  mining  laws,  or  where  such  laws  are 
in  accordance  with  the  mining  laws  of  the  United  States,  or  where 
the  mining  laws  of  the  district  have  become  inoperative  by  gen- 
eral consent  of  the  people  of  the  district  or  otherwise,  are  here 
given. 


Form. — Notice  of  Liocation. 

Notice  is  hereby  given  that  I,  the  undersigned,  claim  fifteen 
hundred  feet,  linear  measure,  on  this  lode  or  vein  of  gold  and 
silver  bearing  quartz,  commencing  at  this  notice  and  monument, 
and  running  northerly  therefrom  along  the  line  of  the  lode  a  dis- 
tance of  eight  hundred  feet  to  a  monument  of  stone,  and  southerly 
along  the  line  of  said  lode  a  distance  of  seven  hundred  feet  to  a 
monument  of  stone,  with  the  dips,  spurs,  and  angles  of  said  lode, 
together  with  the  surface  ground  on  each  side  of  said  lode, 
bounded  and  described  as  follows,  to  wit:  Commencing  at  the 
monument  last  named  and  running  easterly  therefrom,  at  a  right 
angle  with  the  general  direction  of  said  lode,  three  hundred  feet 
to  a  monument  of  stone;  thence  at  a  right  angle  northerly  fifteen 
hundred  feet  to  a  monument  of  stone;  thence  at  a  right  angle 
westerly  six  hundred  feet  to  a  monument  of  stone;  thence  at  a 
right  angle  southerly  fifteen  hundred  feet  to  a  monument  of  stone, 
and  thence  at  a  right  angle  easterly  three  hundred  feet  to  the 
place  of  beginning.  Said  lode  and  claim  shall  be  called  the 
"Churchman  Claim  and  Lode,"  and  is  located  under  and  by  virtue 
of  the  mining  laws  of  Congress  of  the  United  States  and  the  laws 
of  Spanish  Belt  Mining  District,  Nye  County,  State  of  Nevada. 

Wm.  D.  Plum. 

Spanish  Belt.,  January  3,  1883 


MINING   FORMS.  107 

Instead  of  the  words  "a  monument  of  stone,"  the  words  "a 
stake,"  can  be  used;  or  any  manner  of  description  can  be  adopted 
which  will  describe  the  boundaries  of  the  claim  thoroughly  and 
definitely. 


Form. — Notice  of  Location  of  a  Mining  Claim. 

We,  the  undersigned,  hereby  give  notice  that  we  claim  fifteen 
hundred  feet  linear  measure  on  this  lode  or  vein  of  gold  and  silver 
bearing  quartz,  commencing  at  this  notice  and  monument  and 
running  in  a  southeasterly  direction  therefrom,  along  the  line  of 
said  lode  fifteen  hundred  feet,  with  the  dips,  spurs  and  angles  of 

said  lode,  and feet  on  each  side  thereof,  the  corners  of  our 

surface-claim  being  marked  with  monuments  of  stone;  under  and 

by  virtue  of  the   mining  laws  of mining  district,  county  of 

,  and  State  of ,  each  of  the  undersigned  being  entitled  to 

and  claiming  an  undivided  interest  of  three  hundred  feet  of  said 
lode. 

The  lode  shall  be  known  as  the lode,  and  the  claim  shall 

be  called  the mining  claim. 

S.  W.  Powell. 

Geo.  Paton. 

B.  B.  Jackson. 

Chas.  Kimball. 

W.   H.  Smith. 
The  foregoing  will  be  sufficient  for  guides  in  locating  any  quartz 
mining  claim. 


Form  104.— Location  of  a  Spring. 

l^otice  is  hereby  given  to  all  whom  it  may  concern;  That  I 
[or  we],  the  undersigned,  claim  this  spring  of  water  and  all  the 
waters  flowing  therefrom,  for  culinary  and  drinking  purposes  and 
for  purposes  of  irrigation;  also  for  mining,  milling,  mechanical, 
manufacturing  and  agricultural,  and  other  purposes;  together  with 
the  land  immediately  about  the  same,  bounded  and  described  as 
follows,  to  wit:     Beginning  at  the  stone  monument  about  seventy 

feet  northwest  of  said  spring,  and  running  south  therefrom 

feet  to   a  monument   of  stone;  thence  east feet  to  a  stone 


108  MESriNG   FOaMS. 

monument;  thence   north  feet  to  a    stone   monument,    and 

thence  west  feet  to  the  place  of  beginning. 

county,  State  of . 

Claimed  and  located  this day  of ,  a.  d.    18 — . 

John  Oaks. 

A  copy  of  the  notice  should  be  recorded  with  the  county 
recorder  of  the  county  in  which  the  spring  is  situated,  and  a 
trench  should  be  dug  from  the  spring  to  some  point,  and  all  the 
water  of  the  spring  turned  through  the  ditch,  or  it  may  be  con- 
ducted through  a  pipe.  It  would  be  better  to  dig  out  and  wall  up 
the  spring  and  to  fence  the  ground,  if  convenient,  around  it.  It 
must  certainly  be  so  marked  as  to  show  the  claimant's  intention  of 
appropriating  it  permanently,  and  the  appropriation  must  be  fol- 
lowed up  by  acts  of  ownership. 

The  same  rule  will  apply  to  the  following: 


Form*105.— Claim  of  Water  Right. 

Notice  is  hereby  given  to  all  whom  it  may  concern :  That  we, 
the  undersigned,  claim  two  hundred  inches,  miners'  measurement 
[or  all],  of  the  waters  of  this  creek  for  milling,  manufacturing, 
agricultural,  and  culinary  purposes,  and  for  such  other  purposes 
as  we  may  desire  to  use  the  same;  together  with  so  much  of  the 
ground,  rock,  and  earth  about  this  point  on  said  stream  as  may  be 
necessary  for  the  construction  and  maintenance  of  a  dam  across 
said  stream.  The  point  at  which  we  take  the  waters  of  said 
stream  for  the  purposes  aforesaid  is  described  as  follows,  to   wit: 

Commencing  at  the  large  point  of  rocks  about feet  from  this 

notice  on  the  right  bank  of  said  stream,  and  running  thence 
across  the  stream  along  the  line  of  rocks  thrown  into  the  stream  as 
a  temporary  and  partial  dam,  to  the  opposite  bank  of  said  stream, 
near  to  the  large  ]jine-tree  on  its  left  bank.  This  claim  shall  be 
known  as  the  "  Three  P.  Water  Right." 

County  of ,  State  of 


'&" 


Located  and  claimed  this •  day  of ,  a.  d.  18 — . 

S.  G.  Stebbins. 
C.  A.  Richardson. 
J.  A.  Caldwell. 
A.  M.   Elswortii. 


MINING    FORMS.  •  109' 

Form  of  Claim  of  Water  for  Mill  Purposes. 

I  hereby  claim  the  waters  of  this  stream  for  my  use  and  benefit 
in  a  quartz-mill  which  I  intend  to  erect  near  said  stream  [or   at 

some  lower  point]  and  for  other  purposes;  and   I   hereby 

appropriate  the  said  waters  to  my  use  by  the  dam  erected  across 
said  stream  at  this  place,  and  by  the  race  leading  therefrom  and 
conducting  the  waters  from  this  point. 

Located  and  claimed  on  the day  of a.  d.  18 — . 

County  of State  of . 

Eli  Johnson. 

The  notice   should  be  filed  with  and  recorded  by  the  county 
recorder. 


Notice  to  Delinquent  Co-owner  in  Mine. 

To  Petek  Smeedes: 

You  and  your  representatives  and  successors  in  interest  are 
hereby  notified  that  we  [or  I]  have  performed  work  and  labor  on 
the  Pittsburg  mine  and  ledge,  situated  in  the  Eureka  Mining 
District,  in  Eureka  County,  State  of  Nevada,  to  the  amount  and 
value  oi  three  hundred  dollars  during  the  past  two  years;  to  wit, 
from  the  month  oi  January,  a.  d,  1881,  to  and  including  the  year 
A.  D.  1882,  the  same  being  one  hundred  OMd  fifty  dollars  for  each 
year;  that  your  proportion  of  the  cost  of  said  work  and  labor  for 

the  said  two  years  is  as  follows,  to  wit:    Peter  Smeedes 500 

feet $100;  and  you  and  each  of  you  are  hereby  notified  that 

if  you  fail  to  contribute  your  said  proportion  of  the  cost'  of  said 
work  and  labor  within  one  hundred  and  eighty  (180)  days  from  the 
date  hereof,  your  interest  in  said  Pittsburg  mine  and  ledge  will 
become  the  .property  of  the  undersigned,  your  co-owners  in  said 
mine,  who  have  made  the  said  expenditures  and  performed  said 
work  and  labor,  in  accordance  with  and  by  virtue  of  the  laws  of 
Congress  in  such  case  made  and  provided.  (Section  2324  of  the 
Revised  Statutes  of  the  United  States.) 

Eureka^  Nevada,  \  "Wm.  P.  Stimlek, 

January  2,  1883.    \  M.  R.  Lyon. 

[At  the  end  of  ninety  days  afler  the  ninety  days  of  publication 
or  service  have  expired  if  the  money  has  not  been  paid  by  the 
co-owner,  the  title  vests  absolutely  in  the  publishing  co-owner; 
but  in  order  to  make  the  title  a  matter  of  record,  a  copy  of  the 


110  MINING  CLAIMS. 

notice  with  a  proper  affidavit  of  the  rnarmer  of  its  service,  should 
be  filed  in  the  office  of  the  county  recorder  of  the  county  in  which 
the  claim  is  located  and  recorded.] 


MrSITNG  CLAIMS. 


Regulations  Governing  Applications  for  Patents. 

The  Secretary  of  the  Interior  has  issued  an  important  circular  to 
Registers,  Receivers  and  Surveyors-General,  with  reference  to 
placer  claims,  amendatory  of  the  circular  of  October,  1881,  in 
which  the  mining  laws  were  summarized.  It  is  directed  against 
the  consolidation  of  claims  in  one  application  for  a  patent,  and  was 
made  necessary  by  the  decision  of  the  Supreme  Court  in  the  case 
of  the  St.  Louis  Smelting  and  Refining  Company  against  Kemp, 
in  which  it  was  decided  that  the  department  had  authority  to  allow 
the  consolidation  of  claims.  In  the  circular  the  Secretary  directs 
that  in  the  recognition  of  an  application  for  a  patent  upon  a 
placer  claim  care  must  be  exercised  in  determining  the  classifica- 
tion of  the  land,  to  which  end  the  clearest  evidence  of  which  the 
case  is  capable  must  be  presented.  If  the  claim  be  of  placer 
ground,  that  must  be  stated  in  the  application  and  corroborated  by 
accompanying  proofs.  If  of  mixed  placers  and  lodes,  it  should  be 
so  set  out,  with  a  description  of  all  known  lodes  situated  within 
the  boundaries  of  the  claim.  A  specific  declaration,  as  required 
by  statute,  must  be  furnished  to  each  lode  to  be  claimed.  All 
other  lodes  are  by  the  silence  of  the  applicant  excluded  from  all 
claim  by  him.  The  Secretary  calls  attention  to  the  clauses  of 
Section  2895,  Revised  Statutes,  which  require  surveyors  to  note 
on^their  field  books  the  due  situation  of  all  mines,  salt  licks,  salt 
springs,  etc.,  which  come  to  their  knowledge;  also,  all  water-courses 
over  which  their  lands  run  and  the  quality  of  the  land. 

The  Description 

is  to  be  incorporated  in  the  plat  by  the  Surveyor- General,  and  the 
Secretary  says  if  these  instructions  are  followed  they  will  furnish 
a  reasonable  guide  to  the  district  officers  and  the  claimants  in 
prosecuting  their  applications,  but  adds  that  experience  has  shown 
that  great  neglect  has  resulted  from  inattention  to  the  law  in  this 
respect,  so  that  regular   plats   are  of  very  little  value.     It  will, 


MINING  CLAIMS.  '  111 

therefore,  be  required  in  the  future  that  deputy  surveyors  shall, 
at  the  expense  of  the  parties,  make  a  full  examination  of  all  placer 
claims  and  duly  note  the  fact,  stating  the  quality  and  composition 
of  the  soil,  the  kind  and  amount  of  timber  and  other  vegetation, 
and  such  other  matters  as  may  be  proper  upon  the  survey  of  the 
claims.  This  examination  should  include  the  character  and  extent 
of  all  surface  and  underground  workings,  whether  placer  or  lode, 
for  mining  purposes.  In  addition  to  these  requirements  of  the  law, 
the  circular  says  the  deputy  sl>ould  report  with  reference  to  the 
proximity  of  centers  of  trade  or  residence;  also  well-known  systems 
of  lodes  or  individual  lodes,  and  as  to  the  adaptability  of  the  claim 
for  placer  mining;  whether  water  has  been  brought  upon  it  in 
sufficient  quantity  to  mine  the  same,  or  whether  it  can  be  pro- 
vided; and,  finally,  as  to  the  work  done  by  or  the  expenditures 
made  by  the  claimants.  It  requires  that  the  deputy  shall  report 
his  examinations  under  oath  to  the  Surveyor-General,  a  copy  to  be 
furnished  with  the  application  for  patent  to  the  claim  and  included 
in  the  oath  of  the  applicant.  The  circular  also  provides  that  these 
regulations  shall  govern  all  applications  for  surveys  of  lands  yet 
un surveyed. 
October,  1882. 


CHAPTEE  VI- 

STATE  ANT   TERRITORIAL   MINING   AND  WATER 

LAWS. 


AKIZONA. 
Location  and  Registry. 

AN  ACT  providing  for  the  location  and  registration  of  mines  and  mineral  de- 
posits, and  for  other  purposes. 

Section  1. — Mining  Districts. — The  mining  districts  heretofore 
created  in  the  several  counties  of  this  territory  are  hereb}^  author- 
ized and  empowered  to  make  all  necessary  rules  and  regulations 
for  the  location,  registry,  and  working  of  mines  therein  :  Provided, 
That  all  locations  and  registrations  of  mines  and  mineral  deposits 
hereafter  made  in  any  of  the  said  districts,  shall  be  transmitted  to 
the  county  recorder  for  record,  within  sixty  days  after  the  same 
shall  have  been  located. 

Sec.  2.  —  County  Recorders — Fees. — -The  county  recorders  of  the 
several  counties  are  authorized  and  required  to  procure  suitable 
books  in  which  the  records  of  all  mines  and  mineral  deposits  shall 
be  kept,  which  said  books  shall  be  paid  for  out  of  the  county 
treasury,  and  they  shall  receive  for  their  services  herein  the  fol- 
lowing fees  :  For  recording  and  indexing  each  claim  not  exceeding 
one  folio,  one  dollar;  and  for  each  additional  folio,  twenty  cents. 

Sec.  3. — 'Prior  Localions. — Nothing  in  this  act  shall  be  so 
construed  as  to  affect  the  claims  to  mines  and  mineral  deposits 
heretofore  located  and  duly  recorded. 

Sec.  4. — Territorial  Claims. — The  claim  of  the  Territory  to  all 

mining  claims  lieretofore  located    is  hereby  abandoned,  and   the 

same  arc  hereby  declared  open  to  re-location   and  registry:  Pro- 

vlderl,  That  nothing  herein  contained  shall  be  so  construed  as  to 

affect  mining  claims  heretofore  sold  and  disposed  of  by  the  Terri 

tory. 

(112) 


WATER  RIGHTS.  113 

Sec.  5. — Placer  Mines. — Nothing  in  this  act  shall  be  construed 
to  apply  to  placer  mines  or  mining,  or  other  mineral  deposits 
than  those  commonly  called  veins  or  lode  mines. 

%E.c.  ^.—Repeal. — Chapter  fifty  of  the  Howell  Code,  entitled, 
"Of  the  Registry  and  Government  of  Mines  and  Mineral  De- 
posits," as  well  as  all  other  acts  or  parts  of  acts  in  conflict  with 
the  provisions  of  this  act,  are  hereby  repealed. 

Sec.  7. —  When  Effective. — This  act  shall  take  eftect  and  be  in 
force  from  and  after  the  first  day  of  January,  a.  d.  eighteen  hun- 
dred and  sixty-seven. 

Approved  November  5,  1866.     [Compiled  Laws,  p.  533.] 


CALIFORNIA 
Water  Rights. 

1410.  The  right  to  the  use  <jf  running  water  flowing  in  a  river 
or  stream,  or  down  a  canyon  or  ravine,  may  be  acquired  by  appro- 
priation. 

1411.  The  appropriation  must  be  for  some  useful  or  beneficial 
purpose,  and  when  the  appropriator  or  his  successor  in  interest 
ceases  to  use  it  for  such  a  purpose,  the  right  ceases. 

1412.  The  person  entitled  to  the  use  may  change  the  place  of 
diversion,  if  others  are  not  injured  by  such  change,  and  may  ex- 
tend the  ditch,  flume,  pipe,  or  aqueduct  by  which  the  diversion  is 
made,  to  places  beyond  that  where  the  first  use  was  made. 

1413.  The  water  appropriated  may  be  turned  into  the  channel 
of  another  stream  and  mingled  with  its  water,  and  then  reclaimed; 
but  in  reclaiming  it  the  water  already  appropriated  by  another 
must  not  be  diminished. 

1414.  As  between  appropriators,  the  one  first  in  time  is  the 
first  in  right. 

1415.  A  person  desiring  to  appropriate  water  must  post  a  no- 
tice, in  writing,  in  a  conspicuous  place  at  the  point  of  intended  di- 
version, stating  therein  : 

1.  That  he  claims  the  water  there  flowing  to  the  extent  of  (giv- 
ing the  number)  inches,  measured  under  a  four-inch  pressure; 

2.  The  purposes  for  which  he  claims  it,  and  the  place  of  in- 
tended use; 

3.  The  means  by  which  he  intends  to  divert  it,  and  the  size  of 


114  CALIFORNIA. 

the  flume,  ditch,  pipe,  or  aqueduct  in   which  he  intends  to  divert 
it. 

A  copy  of  the  notice  mast,  within  ten  days  after  it  is  posted,  be 
recorded  in  the  office  of  the  recorder  of  the  county  in  which  it  is 
posted. 

1416.  Within  sixty  days  after  the  notice  is  posted,  the  claimant 
must  commence  the  excavation  or  construction  of  the  works  in 
which  he  intends  to  divert  the  water,  and  must  prosecute  the  work 
diligently  and  uninterruptedly  to  completion,  unless  tempo- 
rarily interrupted  by  snow  or  rain. 

1417.  By  "  completion  "  is  meant  conducting  the  waters  to  the 
place  of  intended  use. 

1418.  By  a  compliance  with  the  above  rules,  the  claimant's 
right  to  the  use  of  the  water  relates  back  to  the  time  the  notice  was 
posted. 

1419.  A  failure  to  comply  with  such  rules  deprives  the  claim- 
ant of  the  right  to  the  use  of  the  water  as  against  a  subsequent 
claimant  who  complies  therewith. 

1420.  Persons  who  have  heretofore  claimed  the  right  to  water, 
and  who  have  not  constructed  works  in  which  to  divert  it,  and  who 
have  not  diverted  nor  applied  it  to  some  useful  purpose,  must, 
after  this  title  takes  effect,  and  within  twenty  days  thereafter,  pro- 
ceed as  in  this  title  provided,  or  their  right  ceases.  Civil  Code, 
Annotated,  Title  viii.,  p.  402. 

[The  above  law  expresses  the  usual  manner  of  securing  water 
rights  in  the  mining  States  and  Territories.] 


Mineral  and  School  Sections.* 

AN   ACT  regulating  the  sale  of  mineral  lands  belonging  to  the  State  ot  Cali-' 
fornia. 

Section  \.— Affidavit. — Any  person  desiring  to  purchase  from 
this  State  any  portion  of  any  sixteenth  or  thirty-sixth  section,  that 
shall  have  been  designated  by  United  States  survey  as  of  a  mineral 
character,  or  which  is  so  in  fact,  shall  make  an  affidavit  before 
some  officer  authorized  to  administer  oaths,  that  he  or  she  is  a  citi- 
zen of  the  United  States;  or,  if  a  foreigner,  that  he  has  filed  his 
intention  to  become  a  citizen  of  the  United  States;  that  he  or  she 
is  of  lawful  age,   and   desires   to  purchase   said  land,  giving  a 

♦This  law  ONiiT  applies  to  sections  on  which  minerals  are  discovered  after  sur- 
vey. 


MINERAL    A_ND    SCHOOL    SECTIONS.  115 

description  thereof  by  legal  subdivisions;  that  he  or  she  has  not 
entered  any  portion  of  such  mineral  lands  which,  together  with 
that  applied  for  in  such  affidavit,  will  exceed  forty  acres;  that  there 
is  no  occupation  of  said  land  to  that  which  he  or  she  holds;  or  if 
there  be  any  adverse  occupation  thereof,  then  he  or  she  must  state 
the  name  uf  such  adverse  occupant,  together  with  the  fact  that  the 
plat  of  the  township  has  been  on  file  six  months  or  over,  and  that 
such  adverse  occupant  has  been  in  such  occupation  six  months  or 
over. 

Sec.  2. — Preferred  Purchaser. — Any  person  that  shall  be  in  the 
actual  possession  of  any  of  said  lands  described  in  section  1,  at  the 
time  of  the  survey  thereof  by  the  United  States,  or  at  the  time  of  the 
passage  of  this  act,  shall  be  considered  a  preferred  purchaser  there- 
of to  the  extent  of  his  or  her  mining  claim  :  Provided^  He  or  she 
make  application  for  the  purchase  of  the  same  on  or  before  the  first 
day  of  January,  1877,  if  the  plat  of  such  survey  be  already  filed 
in  the  United  States  Land-office,  and  if  not  so  filed,  then  within 
six  months  after  the  filing  of  such  plat  as  aforesaid. 

Sec.  3. — Contest. — When  a  contest  shall  arise  as  to  the  mineral 
character  of  the  lands  applied  for,  or  from  any  other  cause,  the  Sur- 
veyor-General, or  the  register  before  whom  the  contest  is  made, 
must,  within  thirty  days  after  the  adverse  application  is  filed,  unless 
sooner  referred  at  the  request  of  either  claimant,  make  an  order 
referring  such  contest  to  the  Superior  Court  of  the  county  within 
which  the  land  is  situated,  and  must  enter  such  order  in  the  proper 
book  of  his  office,  and  forward  a  copy  thereof  to  the  clerk  of 
the  court  to  which  the  reference  is  made.  Upon  the  filing  of  a  copy 
of  such  order  with  the  clerk  of  the  court,  either  party  may  com- 
mence an  action  in  said  court  to  determine  the  conflict,  and  the 
court  sliall  have  full  and  complete  jurisdiction  to  hear  and  deter, 
mine  the  same.  Unless  an  action  shall  be  commenced  within  ninety 
days  after  the  copy  of  the  order  of  reference  shall  have  been  filed 
with  the  clerk  of  the  court,  the  party  making  such  demand,  or  the 
adverse  claimant,  if  the  case  is  referred  without  demand,  shall  be 
deemed  to  have  waived  and  surrendered  his  or  her  right  to  purchase, 
and  the  Surveyor-General  or  register  shall  proceed  as  though  his 
or  her  application  had  not  been  made. 

Sec.  4. — Price. — All  lands  sold  under  the  provisions  of  this  act 
shall  be  sold  for  the  sum  of  two  dollars  and  fifty  cents  per  acre  in 
United  States  gold  coin,  payable  to  the  treasurer  of  the  county  in 
which  the  lands  are  situated,  within  fifty  days  from  the  date  of 


116  CALIFORNIA. 

the  approval  by  the  Surveyor-General;  and  in  case  said  payment  is 
not  made  within  said  fifty  days,  the  land  described  in  the  location 
shall  revert  to  the  State  without  suit,  and  said  location  shall  be  and 
become  null  and  void.  All  payments  made  to  the  county  treasurer 
as  above  provided,  shall  be  paid  over  and  accounted  for  as  other 
moneys  received  for  State  lands  are  required  to  be  paid  over  and 
accounted  for. 

Sec.  5. — Certificates  of  Purchase. — The  Surveyor-General  and 
register  shall,  in  the  matter  of  approving  locations,  issuing  certifi- 
cates of  purchase  or  patents,  or  in  other  proceedings  relating  to  the 
sale  of  lands  of  a  mineral  character,  wliich  proceedings  are  not 
provided  for  in  this  act,  proceed  in  the  same  manner  as  is  now  pro- 
vided for  the  sale  of  sixteenth  and  thirty-sixth  sections  which  are 
not  of  a  mineral  character. 

Sec.  6. — Patents. — All  patents  issued  by  the  State  to  any  por- 
tion of  any  sixteenth  and  thirty-sixth  section  shall  be  subject  to  any 
vested  and  accrued  water-rights,  ditches  and  reservoirs  used  in 
connection  therewith,  acquired  by  priority  of  possession  under 
local  customs  and  the  decisions  of  the  courts,  and  the  right  of  way 
for  the  construction  of  ditches  and  canals  for  mining  and  other 
purposes,  over  all  of  the  sixteenth  and  thirty-sixth  sections  owned  by 
the  State,  is  hereby  granted  and  confirmed. 

Sec.  7. — Restriction  on  Issuance  of  Patents.^-K^v  the  passage 
of  this  act,  no  patents  shall  be  issued  for  any  of  the  lands  de- 
scrilied  in  this  act  upon  which,  at  the  time  of  tlie  application  there- 
for, there  was  and  still  is  any  actual  honafide  mining  claim,  except 
io  the  person  who  is  the  owner  of  such  mining  claim  under  local 
mining  customs;  and  when  an  applicant  for  such  lands,  not  owning 
sucli  mining  claim,  shall  have  paid  the  purchase  money  therefor,  in 
whole  or  in  part,  he  may  prescTit  his  certificate  of  purchase  and 
receive  in  exchange  therefor,  from  the  register,  a  certificate  sliow- 
ing  the  whole  amount  paid;  and  the  controller,  upon  the  surrender 
of  such  certificate,  must  draw  his  warrant  in  favor  of  the  per- 
son surrendering  such  certificate,  for  the  amount  therein  specified, 
on  the  Treasurer  of  State,  who  must  pay  the  sum  out  of  the  funds 
into  which  the  purchase  money  was  paid:  Provided.,  That  the  owner 
of  such  mining  claim,  under  such  mining  customs,  shall  apply 
to  purchase  the  same  within  six  months  after  the  plat  of  the  town- 
ship containing  such  land  shall  have  been  filed  in  the  local  United 
States  Land-ottice,  on  or  before  the  first  day  of  January,  1877:  And 
Provided  further.,  That  any  owner  of  a  hona-fide  mining  claim  who 


MINING    LAWS.  '  117 

shall  have  entered  into  an  agreement  with  the  applicant  for  any 
portion  of  a  sixteenth  or  thirty-sixth  section  upon  which  said  min- 
ing claim  is  situated,  for  the  procurement  of  a  title  for  the  same, 
shall  not  avail  himself  of  the  provisions  of  this  section.  The  Gov- 
ernor of  this  State  shall  not  sign  any  patent  contrary  to  the 
provisions  of  this  act. 

Stats.  1873-'4,  p.  76  Approved  March  28,  1874,  as  amended 
Februarys,  1876.— Stats.  1875-'6,  p.  20;  and  April  6,  lS80.-Stat^. 
1880,  p.  26. 


COLORADO. 

An  Act  Concerning  Mines. 

Be  it  enacted  hy  the   Council  and  House  of  Rejpresentati/Des  of 
Colorado  Territory: 

Section  1. — Length. — The  length  of  any  lode  claim  hereafter 
located  may  equal,  but  not  exceed,  fifteen  hundred  feet  along  the 
vein. 

Sec.  2. —  Width. — The  width  of  lode  claims  hereafter  located  in 
Gilpin,  Clear  Creek,  Boulder,  and  Summit  counties,  shall  be 
seventy -five  feet  on  each  side  of  the  center  of  the  vein  or  crevice; 
and  in  all  other  counties  the  width  of  the  same  shall  be  one  hun- 
dred and  fifty  feet  on  each  side  of  the  center  of  the  vein  or  crevice: 
Provided^  That  hereafter  any  county  may,  at  any  general  election, 
determine  upon  a  greater  width,  not  exceeding  three  hundred  feet 
on  each  side  of  the  center  of  the  vein  or  lode,  by  a  majority  of  the 
legal  votes  cast  at  said  election ;  and  any  county,  by  such  vote,  at 
such  election,  may  determine  upon  a  less  width  than  above 
specified. 

Sec.  3. — LocaMon  Certificate. — The  discoverer  of  a  lode  shall, 
within  three  months  from  the  date  of  discovery,  record  his  claim 
in  the  office  of  the  recorder  of  the  county  in  which  such  lode  is 
situated,  by  a  location  certificate,  which  shall  contain:  1st,  The 
name  of  the  lode;  2d,  The  name  of  the  locator;  3d,  The  date  of 
location;  4th,  The  number  of  feet  in  length  claimed  on  each  side  of 
the  center  of  the  discovery  shatl;  5th,  The  general  course  of  the 
lode  as  near  as  may  be. 

Sec.  4.  Any  location  certificate  of  a  lode  claim  which  shall  not 
contain  the  name  of  the  lode,  the  name  of  the  locator,  the  date  of 


118  COLORADO 

location,  the  number  of  lineal  feet  claimed  on  each  side  of  the  dis- 
covery shaft,  the  general  course  of  the  lode,  and  such  description 
as  shall  identify  the  claim  with  reasonable  certainty,  shall  be  void. 
Sec.  ^.—DisGOvery  Shaft  and  ^teH/<(/.— Before  filing  such  loca- 
tion certificate,  the  discoverer  shall  locate  his  claim  by  first  sink- 
ing a  discovery  shaft  upon  the  lode,  to  the  depth  of  at  least  ten 
feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the  surface,  or 
deeper,  if  necessary,  to  show  a  well-defined  crevice;  Second^  By 
posting  at  the  point  of  discovery  on  the  surface,  a  plain  sign  or 
notice  containing  the  name  of  the  lode,  the  name  of  the  locator, 
and  the  date  of  discovery;  Third,  By  marking  the  surface  bound- 
aries of  the  claim. 

Sec.  6.  Such  surface  bo^mdaries  shall  be  marked  by  six  sub- 
stantial posts,  hewed  or  marked  on  the  side  or  sides  which  are  in 
toward  the  claim,  and  sunk  in  the  ground,  to  wit:  One  at  each 
corner  and  one  at  the  center  of  each  side  line.  Where  it  is  prac- 
tically  impossible  on  account  of  bed-rock  or  precipitous  ground  to 
sink  such  posts,  they  may  be  placed  in  a  pile  of  stones. 

Sec.  n.— -Equivalent  to  a  Discovery  Shaft.— A.r\j  open  cut, 
cross-cut,  or  tunnel,  which  shall  cut  a  lode  at  the  depth  of  ten  feet 
below  the  surface,  shall  hold  such  lode  the  same  as  if  a  discovery 
shaft  were  sunk  thereon,  or  an  adit  of  at  least  ten  feet  in  along 
the  lode,  from  the  point  where  the  lode  may  be  in  any  manner 
discovered,  shall  be  equivalent  to  a  discovery  shaft. 

Sec.  S.Sio'ty  Days.— The  discoverer  shall  have  sixty  days 
from  the  time  of  uncovering  or  disclosing  a  lode  to  sink  a  dis- 
covery shaft  thereon. 

*  Sec.  9. — Claim  Defined  hy  the  Surface  Lines.— T\\q  location, 
or  location  certificate,  of  any  lode  claim  shall  be  construed  to  include 
all  surface  ground  within  the  surface  lines  thereof,  and  all  lodes  and 
ledges  throughout  their  entire  dei)th,  the  top  or  apex  of  which  lies 
inside  of  such  lines  extended  downward,  vertically,  witli  such 
parts  of  all  lodes  or  ledges  as  continue  to  dip  beyond  the  side 
lines  of  the  claim,  but  shall  not  include  any  portion  of  such  lodes 
or  ledges  beyond  the  end  lines  of  the  claim  or  the  end  lines  con- 
tinued, whether  by  di])  or  otherwise,  or  beyond  the  side  lines  in 
any  other  manner  than  by  the  dip  of  the  lode. 

Sec.  10.  If  the  top  or  apex  of  a  lode  in  its  longitudinal  course 
extends  beyond  the  exterior  lines  of  the  claim  at  any  point  on  the 
surface,  or  as  extended  vertically  downward,  such   lode  may  not 


MINING   LAWS.  119 

be  followed  in  its  longitudinal  course  beyond  the  point  where  it  is 
intersected  by  the  exterior  lines. 

Sec.  11. — Right  of  Way  and  Right  of  Surface. — All  mining 
claims  now  located,  or  which  may  be  hereafter  located,  shall  be 
subject  to  the  right  of  way  of  any  ditch  or  flume  for  mining  pur- 
poses, or  of  any  tramway  or  pack  trail,  whether  now  in  use,  or 
which  may  be  hereafter  laid  out  across  any  such  location:  Pro- 
vided,  ahoaysy  That  such  right  of  way  shall  not  be  exercised 
against  any  location  duly  made  and  recorded,  and  not  abandoned 
prior  to  the  establishment  of  the  ditch,  flume,  tramway,  or  pack 
trail,  without  consent  of  the  owner,  except  by  condemnation,  as  in 
case  of  land  taken  for  public  highways.  Parol  consent  to  the 
location  of  any  such  easement,  accompanied  by  the  completion  of 
the  same  over  the  claim,  shall  be  sufficient  without  writings:  And 
provided  further^  That  such  ditch  or  flume  shall  be  so  constructed 
that  the  water  from  such  ditch  or  flume  shall  not  injure  vested 
rights  by  flooding  or  otherwise. 

Sec.  12.  When  the  right  to  mine  is  in  any  case  separate  from 
the  ownership  or  right  of  occupancy  to  the  surface,  the  o'^vner  or 
rightful  occupant  of  the  surface  may  demand  satisfactory  security 
from  the  miner,  and  if  it  be  refused,  may  enjoin  such  miner  from 
working  until  such  security  is  given.  The  order  for  injunction 
shall  fix  the  amount  of  bond. 

Sec.  13. — Re-location  hy  the  Owner. — If  at  any  time  the  locator 
of  any  mining  claim  heretofore  or  hereafter  located,  or  his  assigns, 
shall  apprehend  that  his  original  certificate  was  defective,  errone- 
ous, or  that  the  requirements  of  the  law  had  not  been  complied 
■with  before  tiling;  or  shall  be  desirous  of  changing  his  surface 
boundaries,  or  of  taking  in  any  part  of  an  overlapping  claim  which 
has  been  abandoned;  or  in  case  the  original  certificate  was  made 
prior  to  the  passage  of  this  law,  and  he  shall  be  desirous  of  secur- 
ing the  benefits  of  this  act,  such  locator  or  his  assigns  may  file  an 
additional  certificate,  subject  to  the  provisions  of  this  act:  Pro- 
vided..  That  such  re-location  does  not  interfere  with  the  existing 
rights  of  others  at  the  time  of  such  re-location,  and  no  such  re-lo- 
cation, or  the  record  thereof,  shall  preclude  the  claimant  or  claim- 
ants from  proving  any  such  title  or  titles  as  he  or  they  may  have 
held  under  previous  location. 

Sec.  14. — Labor. — The  amount  of  work  done,  or  improvements 
made  during  each  year,  shall  be  that  prescribed  by  the  laws  of  the 
United  States. 


120  COJiORADO. 

Sec.  15. — Proof  of  Labor. — Within  six  months  after  any  set 
time,  or  annual  period  herein  allowed  for  the  performance  of  labor, 
or  making  improvements  upon  any  lode  claim,  the  person  on  whose 
behalf  such  outlay  was  made,  or  some  person  for  him,  shall  make 
and  record  an  affidavit,  in  substance  as  follows: 

State  of  Colorado,         ) 
County  of .  J 

Before  me,  the  subscriber,  personally  appeared ,  who,  being 

duly  sworti,  saith  that  at  least dollars'  worth  of  work  or  im- 
provements were  performed  or  made  upon  [here  describe  claim  or 

part  of  claim]   situate  in  mining  district,  county  of , 

State  of  Colorado.  Such  expenditure  was  made  by  or  at  the  ex- 
pense of — — ,  owners  of  said  claim,  for  the  purpose  of  said  claim. 

[Jurat.]  [Signature.] 

And  such  signature  shall  be  prima  facie  evidence  of  the  per- 
formance of  such  labor. 

Sec.  16. — Relocation  of  Abandoned  Claims. — The  re-location  of 
abandoned  lode  claims  shall  be  by  sinking  a  new  discovery  shaft 
and  fixing  new  boundaries  in  the  same  manner  as  if  it  were  the 
location  of  a  new  claim;  or  the  re-locator  may  sink  the  original 
discovery  shaft  ten  feet  deeper  than  it  was  at  the  time  of  abandon- 
ment, and  erect  new,  or  adopt  tlie  old,  boundaries,  renewing  the 
posts,  if  removed  or  destroyed.  In  either  case  a  new  location 
stake  shall  be  erected.  In  any  case,  whether  the  whole  or  part  of 
an  abandoned  claim  is  taken,  the  location  certificate  may  state  that 
the  whole  or  any  part  of  the  new  location  is  located  as  abandoned 
property. 

Sec.  17. — One  Record  for  each,  Claim.— 'No  location  certificate 
shall  claim  more  than  one  location,  whether  the  location  be  made 
by  one  or  several  locators.  And  if  it  purport  to  claim  more  than 
one  location,  it  shall  be  absolutely  void,  except  as  to  the  first 
location  therein  described.  And  if  they  are  described  together,  or 
so  that  it  cannot  be  told  which  location  is  first  described,  the  certifi- 
cate shall  be  void  as  to  all. 

Sec.  18.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are 
repealed. 

Sec.  19.    This  act  shall  be  in  force  from  and  after  June  15,  1874. 

Approved  February  13,  1874. 


MINING    LANDS.  '  121 

An  Act  Concerning  Mines. 

Be  it  enacted  hy  the  Counoil  and  House  of  Representatives  of 
Colorado  Territory: 

Sec.  1. — Right  of  Survey  and  Inspection. — In  all  actions  pend- 
ing in  any  district  court  of  this  Territory,  wherein  the  title  or  right 
of  possession  to  any  raining  claim  shall  be  in  dispute,  the  said 
court,  or  the  judge  thereof,  may,  upon  the  application  of  any  of  the 
parties  to  such  suit,  enter  an  order  for  the  underground  as  well  as 
surface  survey  of  such  part  of  the  property  in  dispute  as  may  be 
necessary  to  a  just  determination  of  the  question  involved.  Such 
order  shall  designate  some  competent  surveyor,  not  related  to  any 
of  the  parties  to  such  suit,  nor  in  any  wise  interested  in  the  result 
of  the  same;  and  upon  the  application  of  the  party  adverse  to  such 
application,  the  court  may  also  appoint  some  competent  surveyor, 
to  be  selected  by  such  adverse  applicant,  whose  duty  it  shall  be  to 
attend  upon  such  survey,  and  observe  the  method  of  making  the 
same;  said  second  survey  to  be  at  the  cost  of  the  party  asking 
therefor.  It  shall  also  be  lawful  in  such  order  to  specify  the  names 
of  witnesses  named  by  either  party,  not  exceeding  three  on  each 
side,  to  examine  such  property,  who  shall  thereupon  be  allowed  to 
enter  into  such  property  and  examine  the  same;  said  court,  or  the 
judge  thereof,  may  also  cause  the  removal  of  any  rock,  debris,  or 
other  obstacle  in  any  of  the  drifts  or  shafts  of  said  property,  when 
such  removal  is  shown  to  be  necessary  to  a  just  determination  of 
the  questions  involved:  Provided^  hoioever^  That  no  such  order 
shall  be  made  for  survey  and  inspection,  except  in  open  court  or  in 
chambers,  upon  notice  of  application  for  such  order  of  at  least  six 
days,  and  not  then  except  by  agreement  of  parties,  or  upon  the 
affidavit  of  two  or  more  persons  that  such  survey  and  inspection  is 
necessary  to  the  just  determination  of  the  suit,  which  aflSdavits 
shall  state  the  facts  in  such  case,  and  wherein  the  necessity  for 
survey  exists;  nor  shall  such  order  be  made  unless  it  appears  that 
the  party  asking  therefor  had  been  refused  the 'privilege  of  survey 
and  inspection  by  the  adverse  party. 

Sec.  2. — Mandatory  Writ  to  Restore  Possession. — The  said  dis- 
trict courts  of  this  Territory,  or  any  judge  thereof,  sitting  in  chan- 
cery, shall  have,  in  addition  to  the  power  already  possessed,  power 
to  issue  writs  of  injunction  for  affirmative  relief,  having  the  force  and 
effect  of  ;i  writ  of  restitution,  restoring  any  person  or  persons  to 
the  possession  of  any  mining  property  from  which  he  or  they  may 


122  COLORADO. 

l)ave  been  onsted,  by  force  and  violence,  or  by  fraud,  T>r  from 
which  they  are  kept  out  of  possession  by  threats,  or  whenever  such 
possession  was  taken  from  him  or  them  by  entry  of  the  adverse 
party  on  Sunday,  or  a  legal  holiday,  or  while  the  party  in  posses- 
sion was  temporarily  absent  therefrom.  The  granting  of  such 
writ  to  extend  only  to  the  right  of  possession  under  the  facts  of 
the  case  in  respect  to  the  manner  in  which  the  possession  was 
obtained,  leaving  the  parties  to  their  legal  rights  on  all  other  ques- 
tions as  though  no  such  writ  had  been  issued. 

Sec.  3. —  Unlawful  Entry. — In  all  cases  where  two  or  more  per- 
sons shall  associate  themselves  together  for  the  purpose  of  obtain- 
ing the  possession  of  any  lode,  gulch,  or  placer  claim,  then  in  the 
actual  possession  of  another,  by  force  and  violence,  or  threats  of 
violence,  or  by  stealth,  and  shall  proceed  to  carry  out  such  purpose 
by  making  threats  against  the  party  or  parties  in  possession,  or 
who  shall  enter  upon  such  lode  or  mining  claim  for  the  purpose 
aforesaid,  or  who  shall  enter  upon  or  into  any  lode,  gulch,  placer 
claim,  quartz-mill,  or  other  mining  property,  or  not  being  upon 
such  property,  but  within  hearing  of  the  same,  shall  make  any 
threats,  or  make  use  of  any  language,  signs,  or  gestures  calculated 
to  intimidate  any  person  or  persons  at  work  on  said  property  f^-om 
continuing  to  work  thereon  or  therein,  every  such  person  so  offend- 
ing shall,  on  conviction  thereof,  be  fined  in  a  sum  not  to  exceed 
two  hundred  and  fifty  dollars,  and  be  imprisoned  in  the  county 
jail  not  less  than  thirty  days  nor  more  than  six  months;  such  fine 
to  be  discharged  either  by  payment  or  by  confinement  in  said  jail 
until  such  fine  is  discharged  at  the  rate  of  two  dollars  and  fifty 
cents  ($2,50)  per  day.  On  trials  under  this  section,  proof  of  a 
common  purpose  of  two  or  more  persons  to  obtain  possession  of 
property  as  aforesaid,  or  to  intimidate  laborers  as  above  set  forth, 
accompanied  or  followed  by  any  of  the  acts  above  specified,  by  any 
of  them,  sliall  be  oufficient  evidence  to  convict  anyone  committing 
such  acts,  although  the  parties  may  not  be  associated  together  at 
the  time  of  committing  the  same. 

Sec.  4. — Quiltij  of  Murder. — If  any  person  or  persons  shall 
associate  and  agree  to  enter  or  attempt  to  enter  by  force  of  num- 
bers and  the  terror  such  numbers  are  calculated  to  inspire;  or  by 
force  and  violence,  or  by  threats  of  violence  against  any  person  or 
persons  in  the  actual  possession  of  any  lode,  gulch,  or  placer 
claim;  and  upon  such  entry,  or  attempted  entry,  nny  (>erson  or 
persons  shall  be  killed,  said  persons,  and  all  and  each  of  them  so 


PLACER   MINING     CLAIMS.  123 

eDterin^  or  attempting  to  enter,  shall  be  deemed  guilty  of  murder 
in  the  iirst  degree,  and  punished  accordingly.  Upon  the  trials  of 
such  cases,  any  person  or  parties  cognizant  of  such  entry,  or 
attempted  entry,  who  shall  be  present,  aiding,  assisting,  or  in  any 
wise  encouraging  such  entry,  or  attempted  entry,  shall  be  deemed 
a  principal  in  the  commission  of  said  oftense. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  13,  1874. 


Placer  Mining  Claims. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Colorado: 
Section  1.  The  discoverer  of  a  placer  claim  shall,  within  thirty 
days  from  the  date  of  discovery,  record  his  claim  in  the  office  of 
the  recorder  of  the  county  in  which  said  claim  is  situated,  by  a 
location  certificate,  which  shall  contain:  First,  The  name  of  the 
claim,  designating  it  as  a  placer  claim ;  Second,  The  name  of  the 
locator;  Third,  The  date  of  location;  Fourth,  The  number  of 
acres  or  feet  claimed;  and.  Fifth,  A  description  of  the  claim  by 
such  reference  to  natural  objects  or  permanent  monuments  as  shall 
identify  the  claim.  " 

Before  tiling  such  location  certificate,  the  discoverer  shall  locate 
his  claim:  First,  By  posting  upon  such  claim  a  plain  sign  or 
dotice,  containing  the  name  of  the  claim,  the  name  of  the  locator, 
the  date  of  the  discovery,  and  the  number  of  acres  or  feet  claimed; 
Second,  By  marking  the  surface  boundaries  with  substantial  posts, 
and  sunk  in  the  ground,  to  wit:  One  at  each  angle  of  the  claim. 
Sec.  2.  On  each  placer  claim  of  one  hundred  and  sixty  acres 
or  more  heretofore  or  hereafter  located,  and  until  a  patent  has  been 
issued  therefor,  not  less  than  one  hundred  dollars'  worth  of  labor 
shall  be  performed  or  improvements  made  by  the  first  day  of 
August,  1879,  and  by  the  first  day  of  August  of  each  year  there- 
after. On  all  placer  claims  containing  less  than  one  hundred  and 
sixty  acres,  the  expenditure  during  each  year  shall  be  such  pro- 
portion of  one  hundred  dollars  as  the  number  of  acres  bears  to 
one  hundred  and  sixty.  On  all  placer  claims  containing  less  than 
twenty  acres,  the  expenditures  during  each  year  shall  not  be  less 
tlian  twelve  dollars;  but  when  two  or  more  claims  lie  contiguous, 
and  are  owned   by    the   same  person,    tlie  expenditure    hereby 


124  COLORADO. 

required  for  each  claim  may  be  made  on  any  one  claim;  and  upon 
a  failure  to  comply  with  these  conditions,  the  claim  or  claims  upon 
which  such  failure  occurred  shall  be  open  to  relocation,  iii  the 
same  manner  as  if  no  location  of  the  same  had  been  made:  Pro- 
vided^ That  the  original  locators,  their  heirs,  assigns,  or  legal  rep- 
resentatives, have  not  resumed  work  upon  the  claim  after  failure 
and  before  such  location:  Provided^  The  aforesaid  expenditures 
may  be  made  in  building  and  repairing  ditches  to  conduct  water 
upon  such  ground,  or  in  making  other  raining  improvements  nec- 
essary for  the  working  of  such  claim. 

Upon  the  failure  of  any  one  of  several  co-owners  to  contribute 
his  proportion  of  the  expenditures  required  hereby,  the  co-owners 
who  have  performed  the  labor  or  made  the  improvements  may,  at 
the  expiration  of  the  year,  to  wit,  the  first  of  August,  1879,  for 
the  locations  heretofore  made,  and  one  year  from  the  date  of  loca- 
tions hereafter  made,  give  such  delinquent  co-owner  personal  notice 
in  writing,  or,  if  he  be  anon-resident  of  the  State,  a  notice  by  pub- 
lication iu  the  newspaper  published  near  the  claim  for  at  least  once 
a  week  for  ninety  days,  and  mailing  him  a  copy  of  such  news- 
paper if  his  address  be  known;  and  if  at  the  expiration  of  ninety 
days  after  such  notice  in  writing,  or  after  the  first  publication 
of  such  notice,  such  delinquent  should  fail  or  refuse  to  contribute 
his  proportion  of  the  expenditure  required  by  this  action  [sec- 
tion], his  interest  in  the  claim  shall  become  the  property  of  his 
co-owners,  who  have  made  the  required  expenditures. 

[The  foregoing  was  filed  in  the  office  of  the  Secretary  of  State 
by  the  Governor,  March  12,  1879,  without  his'  signature,  and 
became  a  law  under  Section  11,  Art.  IV.,  Constitution  of  Col- 
orado.] 


MISCELLANEOUS  GENERAL  LAWS,  1877. 
Taxation. 

Extract  from  the  Constitution  of  Colorado. 
Art.  X.,  Sec.  ?>.— Miners  Exempt. —Fs.gQ  58.  Mines  and 
raining  claims  bearing  gold,  silver,  and  other  precious  metals 
(except  the  net  proceeds  and  surface  improvements  thereof),  shall 
be  exempt  from  taxation  for  the  period  of  ten  years  from  the  date 
of  the  adoption  of  this  Constitution  (July  1,  1876),  and  thereafter 
may  be  taxed  as  ])rovided  by  law. 


PENAL    PROVISIONS.  125 

Penal  Provisions. 

764.  Sec.  169. — False  Weights. — If  any  person  shall  know- 
ingly have,  keep,  or  use  any  false  or  fraudulent  scales  or  weights 
for  weighing  gold  or  gold  dust,  or  any  other  article  or  commodity, 
every  such  person  so  offending  shall,  on  conviction,  be  fined  not 
exceeding  five  hundred  dollars,  or  imprisoned  in  the  county  jail 
not  exceeding  six  months. 

765.  Sec.  170. — Punishment  fen'  Certain  Mill- Owners. — The 
owner,  manager,  or  agent  of  any  species  of  quartz-mill,  arastra 
mill,  furnace,  or  cupel,  employed  in  extracting  gold  from  quartz, 
pyrites,  or  other  minerals,  who  shall  neglect  or  refuse  to  account 
for  or  pay  over  and  deliver  all  the  proceeds  thereof  to  the  owner 
of  such  quartz,  pyrites,  or  other  minerals,  excepting  such  portion 
of  said  proceeds  as  he  is  entitled  to  in  return  for  his  services,  shall, 
on  conviction,  be  fined  in  a  sum  not  exceeding  one  thousand  dol- 
lars, or  be  imprisoned  in  the  penitentiary  not  exceeding  one  year. 

776.  Sec.  181. — Salting  Ores. — Ti^t  every  person  who  shall 
mino;le,  or  cause  to  be  mingled,  with  any  sample  of  gold  or  silver 
bearing  ore,  any  valuable  metal  or  substance  whatever,  that  will 
increase  or  in  any  way  change  the  value  of  said  ore,  with  the  intent 
to  deceive,  cheat,  or  defraud  any  person  or  persons,  shall,  on  con- 
viction thereof,  be  punished  by  a  fine  not  less  than  fifty  dollars  nor 
more  than  one  thousand  dollars;  or  by  confinement  in  the  peniten- 
tiary for  a  term  of  not  less  than  one  nor  more  than  fourteen  years, 
or  by  both  such  fine  and  imprisonment. 

1603.  Sec.  1. — Destroying  Landmarks. — That  if  any  person  or 
persons  shall  willfully  and  maliciously  deface,  remove,  pull  down, 
injure,  or  destroy  any  location-stake,  side-post,  corner-post,  land- 
mark, or  monument,  or  any  other  legal  land  boundary  monu- 
ment in  this  State,  designating,  or  intending  to  designate,  the 
location,  boundary,  or  name  of  any  mining  claim,  lode,  or  vein  of 
mineral,  or  the  name  of  the  discoverer,  or  date  of  discovery 
thereof,  the  person  or  persons  so  offending  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisoned  not  more  than  one  year, 
at  the  discretion  of  the  court:  Provided^  That  this  act  shall  not 
apply  to  abandoned  property. 

673.  Sec.  78. — Passing  Counterfeit  Gold  Dust. — Every  person 
who  shall  mingle,  or  procure  to  be  mingled,  with  any  uncoined 
gold  or  gold  dust  now  current,  or  which  shall  hereafter  be  current 


]  26  COLORADO. 

in  this  State,  any  counterfeit  gold  dust,  or  counterfeit  uncoined 
gold,  or  any  base  metal  or  substance  whatever,  with  intent  to 
utter  or  pass  the  same,  or  to  procure  the  same  to  be  uttered  or 
passed  as  gold  dust  or  uncoined  gold,  shall,  on  conviction  thereof, 
be  punished  by  a  fine  not  to  exceed  one  thousand  dollars,  or  by  con- 
finement in  the  penitentiary  for  a  term  not  less  than  one  year  nor 
more  than  fourteen  years, 

1961.  Sec.  5. — Buying  StoUn  Ore.—Knj  person,  association, 
or  corporation,  or  the  agent  of  any  person,  association  or  cor- 
poration, who  shall  knowingly  purchase,  or  contract  to  pur- 
chase, or  shall  make  any  payment  for  or  on  account  of  any  ores 
which  shall  have  been  taken  from  any  mine  or  claim,  by  persons 
who  have  taken  or  may  be  holding  possession  of  any  such  mine  or 
claim,  contrary  to  any  penal  law  now  in  force,  or  which  may  be 
hereafter  enacted,  shall  be  considered  as  an  accessory  after  tlie  fact 
to  the  unlawful  holding  or  taking  of  such  mine  or  claim,  and  upon 
conviction  shall  be  subjected  to  the  same  punishment  to  which  the 
principals  may  be  liable. 

1962.  Sec.  6. — False  Mill  Weights.— Any  person,  association, 
or  corporation,  or  the  agent  of  any  person,  association  or  corpora- 
tion engaged  in  the  busmess  of  milling,  sampling,  concentrating, 
reducing,  shipping,  or  purchasing  ores  as  aforesaid,  who  shall  keep 
or  use  any  false  or  fraudulent  scales  or  weights  for  weighing  ore, 
or  who  shall  keep  or  use  any  false  or  fraudulent  assay  scales  or 
weights  for  ascertaining  the  assay  value  of  ore,  knowing  them  to 
be  false,  every  person  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in  a  sum 
not  exceeding  one  thousand  (1,000)  dollars,  nor  less  than  one 
hundred  (100)  dollars,  or  imprisonment  not  more  than  one  year,  or 
both,  at  the  discretion  of  the  court. 

1963.  Sec.  7. — False  Mill  Returns. — Any  person,  corporation, 
or  association,  or  the  agent  of  any  person,  corporation,  or  associar 
tion,  engaged  in  the  milling,  sampling,  concentrating,  reducing, 
shipping,  or  purchasing  of  ores  in  this  State,  who  shall,  in  any 
manner,  knowingly  alter  or  change  the  true  value  of  any  ores 
delivered  to  him  or  them,  so  as  to  deprive  the  seller  of  the  result 
of  the  correct  value  of  the  same,  or  who  shall  substitute  other  ores 
for  that  delivered  to  him  or  them,  or  who  shall  issue  any  bill  of 
sale  or  certificate  of  purchase  that  does  not  exactly  and  trnthfuUy 
state  the  actual  weight,  assay  value,  and  total  amount  paid  for  any 
lot  or  lots  of  ore  purchased,  or  who,  by  any  secret  understanding 


DRAINAGE    OF    MINES.  127" 

or  agreement  with  another,  shall  issue  a  bill  of  sale  or  certificate  of 
purchase  that  does  not  truthfully  and  correctly  set  forth  the 
weight,  assay  value,  and  total  amount  paid  for  any  lot  or  lots  of 
ore  purchased  by  him  or  them,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  fined  in  a  sum  not 
exceeding  one  thousand  (1,000)  dollars,  nor  less  than  one  hundred 
(100)  dollars,  or  imprisonment  not  more  than  one  year,  or  both, 
at  the  discretion  of  the  court. 

1964.  Sec.  8. — Larceny  of  Ores. — If  any  person,  lessee,  licensee, 
or  employe  in  or  about  any  mine  in  this  State,  shall  break  and 
sever,  with  intent  to  steal  the  ore  or  mineral  from  any  mine,  lode, 
ledge,  or  deposit  in  this  State,  or  shall  take,  remove,  or  conceal 
the  ore  or  mineral  from  any  mine,  lode,  ledge,  or  deposit,  with  in- 
tent to  defraud  the  owner  or  owners,  lessee  or  licensee  of  any  such 
mine,  lode,  ledge,  or  deposit,  such  oflTender  shall  be  deemed  gnilty 
of  felony,  and  on  conviction,  shall  be  punished  as  for  grand 
larceny. 


Drainage  of  Mines. 

1830.  Section  1. — Proportionate  Share. — Whenever  contiguous 
and  adjacent  mines  upon  the  same  or  upon  separate  lodes  have  a 
common  ingress  of  water,  or  from  subterraneous  communication 
of  the  water  have  a  common  drainage,  it  shall  be  the  duty  of  the 
owners,  lessees,  or  occupants  of  each  mine  so  related  to  provide  for 
their  proportionate  share  of  the  drainage  thereof. 

1831.  Sec.  2. — Failure  to  Drain. — Any  parties  so  related,  fail- 
ing to  provide  as  aforesaid,  for  the  drainage  of  the  mines  owned  or 
occupied  by  them,  thereby  imposing  an  unjust  burden  upon  neigh- 
boring mines  whether  owned  or  occupied  by  them,  shall  pay  respect- 
ively to  those  performing  the  work  of  drainage,  their  proportion 
of  the  actual  and  necessary  cost  and  expense  of  doing  such  drainage, 
to  be  recovered  by  an  action  in  any  court  of  competent  jurisdiction. 

1832.  Sec.  3. — Draining  Corporation. — It  shall  be  lawful  for  all 
mining  corporations  or  companies,  and  all  individuals  engaged  in 
mining,  having  thus  a  common  interest  in  draining  such  mines,  to 
unite  for  the  purpose  of  effecting  the  same,  under  such  common 
name  and  upon  such  terms  and  conditions  as  may  be  agreed  upon ; 
and  every  such  association,  having  filed  a  certificate  of  incorpora- 
tion, as  provided  by  law,  shall  be  deepied  a  corporation,  with  all 


1 28  COLORADO. 

the  rights,  incidents,  and  liabilities  of  a  body  corporate,  so  far  as 
the  same  may  be  applicable. 

1833.  Sec.  4. — Failure  to  Mutually  Agree. — Failing  to  mutually 
agree,  as  indicated  in  the  preceding  section,  for  drainage  jointly, 
one  or  more  of  the  said  parties  may  undertake  the  work  of  drainage, 
after  giving  reasonable  notice;  and  should  the  remaining  parties 
then  fail,  neglect  or  refuse  to  unite  in  equitable  arrangements  for 
doing  the  work,  or  sharing  the  expense  thereof,  they  shall  be 
subject  to  an  action  therefor  as  already  specified,  to  be  enforced  in 
any  court  of  competent  jurisdiction. 

1834.  Sec.  5. —  Court  Proceedings. — When  action  is  com- 
menced to  recover  the  costs  and  expenses  for  draining  a  lode  or 
mine,  it  shall  be  lawful  for  the  plaintiff  to  apply  to  the  court,  if  in 
session,  or  to  the  judge  thereof  in  vacation,  for  an  order  to  inspect 
or  examine  the  lodes  or  mines  claimed  to  have  been  drained  by 
the  plaintiff;  or  some  one  for  him  shall  make  affidavit  that  such 
inspection  or  examination  is  necessary  for  a  preparation  of  the  case 
for  trial.  The  court  or  judge  shall  grant  an  order  for  the  under- 
ground inspection  and  examination  of  the  lode  or  mines  described 
iu  the  petition.  Such  order  shall  designate  the  number  of  persons, 
not  exceeding  three  besides  the  plaintiff  or  his  representative,  to 
examine  and  inspect  such  lode  and  mines,  and  take  the  measure- 
ment thereof,  relating  the  amount  of  water  drained  from  the  lode 
or  mine,  or  the  number  of  fithoms  of  ground  mined  and  worked 
out  of  the  lode  or  mines  claimed  to  have  been  drained,  the  cost  of 
such  examination  and  inspection  to  be  borne  by  the  party  apply- 
ing therefor.  The  court  or  judge  shall  have  power  to  cause  the 
removal  of  any  rock,  debris,  or  other  obstacles  in  any  lode  or 
vein,  wlien  such  removal  is  shown  to  be  necessary  to  a  just  de- 
termination of  the  question  involved  :  Provided.,  That  no  such  order 
for  inspection  and  examination  shall  be  made  except  in  open  court, 
or  at  chambers,  upon  notice  of  application  for  such  order  of  at  least 
three  days,  and  not  then  except  by  agreement  of  parties,  nor  unless 
it  appears  that  the  plaintiff  has  been  refused  the  privilege  of  mak- 
ing the  inspection  and  examination  by  the  defendant,  his  or  their 
agent. 

183£.  Sec  6. —  Water  Beyond  Control. — That  hereafter,  when 
any  person  or  persons,  or  corporation,  shall  be  engaged  in  mining 
or  milling,  and  in  the  prosecution  of  such  business  shall  hoist  or 
raise  water  from  the  mines  or  natural  channels,  and  the  same 
shall  flow  away  from  tlie  premises  of  such  persons,  or  corporations, 


to  any  natural  channel  or  gulch,  the  same  shall  be  considered  be- 
yond the  control  of  the  party  so  hoisting  or  raising  the  same,  and 
may  be  taken  and  used  by  other  parties  the  same  as  that  of  natural 
water- courses. 

1836.  Sec.  7. — Liable  for  Injury. — After  any  such  water  shall 
have  been  so  raised,  and  the  same  shall  have  flown  into  any  such 
natural  channel,  gulch,  or  draw,  the  party  so  hoisting  or  raising 
the  same  shall  only  be  liable  for  injury  caused  thereby,  in  the 
same  manner  as  riparian  owners  along  natural  water-courses. 

1837.  Sec.  8. —  Undeveloped  'Mines. — The  provisions  of  this  act 
shall  not  be  construed  to  apply  to  incipient  or  undeveloped  mines, 
but  to  those  only  which  shall  have  been  opened,  and  shall  clearly 
derive  a  benefit  from  being  drained. 

1838.  Sec.  9. — Admissible  Evidence. — In  trial  of  cases  arising 
under  this  act,  the  court  shall  admit  evidence  of  the  normal  stand, 
or  position  of  the  water  while  at  rest  in  an  idle  mine,  also  the  ob- 
served prevalence  of  a  common  water-level,  or  a  standing  water- 
line  in  the  same,  or  separate  lodes  ;  also,  the  eftect  (if  any)  the 
elevating  or  depressing  the  water  by  natural  or  mechanical  means 
in  any  given  lode,  has  upon  elevating  or  depressing  the  water  in 
the  same,  contiguous,  or  separate  lodes  or  mines  ;  also,  the  effect 
whicli  draining  or  ceasing  to  drain  any  given  lode  or  mine  had 
upqn  the  water  in  the  same  or  contiguous  or  separate  lodes  or 
mines,  and  all  other  evidence  which  tends  to  prove  the  common 
ingress  or  subterraneous  communication  of  water  into  the  same 
lode  or  mine,  or  contiguous  or  separate  lodes  or  mines. 

Ore. 

1957.  Section  1.  —  Contents  of  Record. — That  every  person, 
association,  or  corporation  that  shall  be  engaged  in  the  business  of 
milling,  sampling,  concentrating,  reducing,  shipping,  .or  purchas- 
ing ores  in  the  State  of  Colorado,  shall  keep  and  preserve  a  book 
in  which  shall  be  entered  at  the  time  of  the  delivery  of  each  lot  of 
ore  : 

First. — The  name  of  the  party  on  whose  behalf  such  ore  is  de- 
livered, as  stated. 

Second. — The  name  of  the  teamster,  packer,  or  other  persons 
actually  delivering  such  ore,  and  the  name  of  the  owner  of  the 
team  or  pack-train  delivering  such  ore. 

Third. — The  weight  or  amount  of  every  such  lot  of  ore. 
9 


130  COLORADO. 

F mirth. — The  name  and  location  of  the  mine  or  claim  from 
which  it  shall  be  stated  that  the  same  has  been  rained  or  procured. 

Fifth. — The  date  of  delivery  of  any  and  all  lots  or  parcels  of  ore. 

195S.  Sec.  2. — Prooeedings  when  Ore  is  Stolen. — Whenever 
affidavit  shall  have  been  made  before  any  police  magistrate  of  any 
town  in  this  State,  or  any  justice  of  the  peace  of  any  county,  by 
any  person,  that  ore  has  been  stolen  from  him,  stating  as  near  as 
may  be  the  amount  and  value  of  the  ore  stolen,  such  person,  upoii 
presentation  of  a  certified  copy  of  such  affidavit,  shall  have  access 
to  such  book,  and  may  examine  the  entries  which  may  have  been 
made  therein  during  a  period  of  fifteen  days  next  preceding  the  filing 
of  such  affidavit :  Provided,  That  the  person  making  such  affidavit 
shall,  at  the  time  of  making  the  same,  have  a  present  interest  in 
the  product  of  the  mine  or  claim  from  which  said  ore  has  been 
stolen,  or  in  the  ore  alleged  to  have  been  stolen. 

1959.  Sec.  3. — Failure  to  Keep  Required  Books. — Every  per- 
son, association,  or  corporation  that  shall  fail  or  refuse  to  keep  the 
book  required  by  the  terms  of  the  first  section  of  this  act,  or  shall 
fail  or  refuse  to  make  any  proper  entry  therein,  or  who  shall  make 
any  false  entry  therein,  or  who  shall  refuse  to  any  person  who  may 
be  entitled  to  the  same,  as  provided  by  section  two  (2)  of  this  act, 
the  right  of  inspection  thereof,  shall  forfeit  and  pay  for  each  and 
every  violation  of  the  provisions  of  said  section  a  penalty  of  not 
less  than  fifty  (50)  nor  more  than  three  hundred  (300)  dollars,  to 
be  collected  by  action  of  debt  at  the  suit  of  any  person  who  may 
sue  for  the  same.  In  addition  to  such  penalty,  any  person,  asso- 
ciation, or  corporation  violating  the  provisions  of  said  first  section, 
shall  be  liable  at  the  suit  of  the  party  or  persons  aggrieved,  in  the 
proper  form  of  action,  for  all  damages  which  may  accrue  to  any 
party  or  person  by  reason  of  such  violation.  And  in  all  actions 
the  fact  that  a  false  entry  has  been  made  shall  he  prima  facie  evi- 
dence that  the  same  was  made  willfully  or  knowingly. 

1960.  Sec.  4. — Failure  to  Make  Inquiries. — If  any  person, 
association,  or  corporation  shall  fail  or  neglect  to  make  the  in- 
quiries necessary  to  the  making  of  the  proper  entries  in  said  book, 
.IS  provided  in  section  one  (1)  of  this  act,  or  shall  so  negligently 
make  entries  therein  that  any  lot  of  ore  cannot  be  particularly 
identified,  or  so  negligently  that  it  cannot  be  perceived  therefrom 
what  person  delivered  any  lot  of  ore  or  received  the  proceeds  of 
the  same  when  purchased,  or  shall  fail  to  keep  such  book,  or  shall 
willfully  suffer  the  same  to  be  lost,  or   mislaid,  so  that  the    same 


WATER    RIGHTS.  131 

cannot  be  produced  for  inspection,  such  failure  or  neglect  shall  not 
excuse  any  party  defendant  in  any  suit  brought  under  the  pre- 
ceding section  from  judgment  for  any  penalty  prescribed  by  said 
section. 


Water  Rights. 

1798.  Sec.  2. — Right  of  Way. — Whenever  any  person  or  per- 
sons are  engaged  in  bringing  water  into  any  portion  of  the  mines, 
they  shall  have  the  right  of  way  secured  to  them,  and  may  pass 
over  any  claim,  road,  ditch,  or  other  structure:  Provided,  The 
water  be  guarded  so  as  not  to  interfere  with  prior  rights. 

1821.  Sec  11.  All  mining  claims  now  located,  or  which  may 
be  hereafter  located,  shall  be  subject  to  the  right  of  way  of  any 
ditch  or  flume  for  mining  purposes,  or  of  any  tramway  or  pack- 
trail,  whether  now  in  use,  or  which  may  be  hereafter  laid  out 
across  any  such  location:  Provided^  always,  That  such  right  of 
way  shall  not  be  exercised  against  any  location  duly  made  and 
recorded,  and  not  abandoned  prior  to  the  establishment  of  the 
ditch,  flume,  tramway  or  pack-trail,  without  consent  of  the.owner, 
except  by  condemnation;  as  in  case  of  land  taken  for  public  high- 
ways. Parol  consent  to  the  location  of  any  such  easement,  accom- 
panied by  the  completion  of  the  same  over  the  claim,  shall  be 
sufiicient  without  writings:  And  provided  further,  That  such  ditch 
or  flume  shall  be  so  fconstructed  that  the  water  from  such  ditch  or 
flume  shall  not  injure  vested  rights  by  flooding  or  otherwise. 

2779.  Sec.  3. — Miners'  Inch. —  *  *  *  And  water  sold  by 
the  inch  by  any  individual  or  corporation,  shall  be  measured  as 
follows,  to  wit:  Every  inch  shall  be  considered  equal  to  an  inch 
square  orifice  under  a  five-inch  pressure,  and  a  five-inch  pressure 
shall  be  from  the  top  of  the  orifice  of  the  box  put  into  the  banks 
of  the  ditch,  to  the  surface  of  water;  said  boxes,  or  any  dot  or 
aperture  through  which  such  water  may  be  measured,  shall  in  all 
cases  be  six  inches  perpendicular  inside  measurement,  except 
boxes  delivering  less  than  twelve  inches,  which  may  be  square, 
with  or  without  slides;  all  slides  for  the  same  shall  move  horizon- 
tally and  not  otherwise;  and  said  box  put  into  the  banks  of  ditch 
shall  have  a  descending  grade  from  the  water  in  ditch  of  not  less 
than  one  eighth  of  an  inch  to  the  foot. 


132  COLORADO. 

Tailings. 

1804.  Sec.  8. — Miners  Responsible. — In  no  case  shall  any  per- 
son or  persons  be  allowed  to  flood  the  property  of  another  person 
with  water,  or  wash  down  the  tailings  of  his  or  their  sluice  upon 
the  claim  or  property  of  other  persons,  but  it  shall  be  the  duty 
of  every  miner  to  take  care  of  his  own  tailings,  upon  his  own 
property,  or  become  responsible  for  all  damages  that  may  arise 
therefrom. 


Hauling  Quartz. 

1805  Sec.  9. — Right  of  Way. — Every  miner  shall  have  the 
right  of  way  across  any  and  all  claims  for  the  purpose  of  hauling 
quartz  from  his  claim. 


Mining  Claims,  Real  Estate,  Actions. 

185.  Sec  26. — Definitions. — The  terms  " land "  and  "real  es- 
tate," as  used  in  this  chapter,  shall  be  construed  as  co-extensive  in 
meaning  with  the  terms  "lands,  tenements,  hereditaments,"  and 
as  embracing  mining  claims  and  other  claims,  and  chattels  real. 
The  term  "deed"  includes  mortgages,  leases,  releases,  and  every 
conveyance  or  encumbrance  under  seal. 

2126.  Sec.  3. — Transferable  Interest. — The  owner  of  every 
claim  or  improvement,  on  every  tract  or  parcel  of  land,  has  a  trans- 
ferable interest  therein,  which  may  be  sold  in  execution  or  other- 
wise; and  any  sale  of  such  improvement  is  a  sufficient  considera- 
tion to  sustain  a  promise. 

2131.  Sec.  8. —  Claimant  May  Maintain  Action. — Any  person 
settled  upon  any  of  the  public  lands  belonging  to  the  United  States 
may  maintain  trespass  quare  clausum  f  regit.,  trespass,  ejectment, 
forcible  entry  and  detainer,  unlawful  detainer,  and  forcible  de- 
tainer, for  injuries  done  to  the  possessio    thereof. 

2135.  Sec  12. — City  and  Village  Lots. — Any  person  who  may 
have  a  title  to  occupy  any  lot  or  lots  within  any  city  or  village 
plot,  or  any  lots  or  mining  claim  within  any  mining  district  in 
this  State,  in  virtue  of  a  certificate,  deed  of  gift  or  purchase  from 
the  original  claimant  or  claimants,  or  their  assigns,  as  well  as  all 


SIZE    OF    CLAIMS.  133 

purchasers,  under  any  decree  or  execution  of  any  of  the  so-called 
provisional  Government  courts,  people's  or  miners'  courts,  of  the 
lands  situated  within  any  city  or  village  plot,  or  any  lots,  land,  or 
mining  claims  situate  within  any  mining  district,  together  with 
the  original  claimant  or  claimants  of  said  lots,  land  or  mining 
claims,  shall  be  entitled  to  maintain  the  actions  authorized  by  the 
eighth  section  of  this  chapter,  against  any  and  all  persons  who 
shall  enter  upon  and  occupy  said  lots,  lands,  or  mining  claims,  or 
any  of  them:  Provided^  It  shall  be  lawful  for  the  citizens  of  any 
mining  district  to  declare  an  abandonment  of  any  creek,  river, 
gulch,  bank,  or  mining  claim  a  forfeiture  of  the  rights  of  the  claim- 
ants thereto;  in  which  case  the  parties  claimant  shall  not  be 
enabled  to  maintain  either  of  the  actions  mentioned  in  section  S 
of  this  chapter. 

2136.  Sec.  13. —  United  States  Title. — Nothing  in  this  chapter 
contained  shall  be  construed  to  deny  the  right  of  the  United  States 
to  dispose  of  any  lands  in  this  State;  nor  shall  the  fact  that  the 
title  to  any  lots,  lands,  lodes,  or  mining  claims  hath  not  passed 
from  the  United  States,  be  any  bar  to  the  recovery  of  the  plaintiff 
in  either  of  the  actions  specified  in  section  8  of  this  chapter. 
As  against  the  United  States,  and  all  persons  holding  any  of  said 
lands  under  the  United  States,  or  the  laws  thereof,  this  chapter 
shall  be  of  non-eiiect  and  void. 


DAKOTA. 

Location  and  Size  of  Lodes  and  Mining  Claims. 

1.  Length  of  Lode. — The  length  of  any  lode  claim  hereafter 
located  within  this  Territory  may  equal,  but  shall  not  exceed,  fifteen 
hundred  feet  along  the  vein  or  lode. 

2.  Width  of  Lode. — The  width  of  lode  claims  shall  be  one  hun- 
dred and  fifty  feet  on  each  side  of  the  center  of  the  vein  or  crevice: 
Provided.,  That  any  county  may,  at  any  general  election,  determine 
upon  a  greater  width  not  exceeding  three  hundred  feet  on  each  side 
of  the  center  of  the  vein  or  lode,  by  a  majority  of  the  legal  votes 
cast  at  said  election;  and  any  county,  by  such  vote  at  such  election, 
may  determine  upon  a  less  width  than  above  specified:  Provided., 
That  not  less  than  twenty-five  feet  on  each  side  of  the  vein  or  lode 
shall  be  prohibited. 


134  DAKOTA. 

3.  Discoverer  to  Record  his  Claim. — That  the  discoverer  of  a 
lode  shall,  within  twenty  days  from  the  date  of  discovery,  record 
his  claim  in  the  office  of  the  register  of  deeds  of  the  county  in 
which  such  lode  is  situated,  by  a  location  certificate,  which  shall 
contain  : 

(1.)  Tlie  name  of  the  lode. 

(2.)  The  name  of  the  locator. 

(3.)  The  date  of  location. 

(4.)  The  number  of  feet  in  length  claimed  on  each  side  of  the 
discovery  shaft. 

(5.)  The  number  of  feet  in  width  claimed  on  each  side  of  the  vein 
or  lode. 

(6.)  The  general  course  of  the  lode,  as  near  as  may  be. 

4.  Wlien  Certificate  Yoid. — Any  location  certificate  of  a  lode 
claim  which  shall  not  contain  the  name  of  the  lode,  the  name  of 
the  locator,  the  date  of  location,  the  number  of  lineal  feet  claimed 
on  each  side  of  the  discovery  shaft,  the  number  of  feet  in  width 
claimed,  the  general  course  of  th.e  lode,  and  such  description  as 
shall  identify  the  claim  with  reasonable  certainty,  shall  be  void. 

5.  Manner  of  Locating  Claim. — Before  filing  such  location  cer- 
tificate the  discoverer  shall  locate  his  claim  by  first  sinking  a  dis- 
covery shaft  thereon  sufficient  to  show  a  well-defined  mineral  vein 
or  lode;  second,  By  posting  at  the  point  of  discovery,  on  the  sur- 
face, a  plain  sign  or  notice  containing  the  name  of  the  lode,  the 
name  of  the  locator,  and  the  date  of  discovery,  the  number  of  feet 
claimed  in  length  on  either  side  of  the  discovery,  and  the  number 
of  feet  in  width  claimed  on  each  side  of  the  lode;  third.  By  mark- 
ing the  surface  boundaries  of  the  claim. 

6.  Marking  Surface  Boundaries. — Such  surface  boundaries 
shall  be  marked  by  eight  (8)  substantial  posts,  hewed  or  blazed  on 
the  side  or  sides  facing  the  claim,  and  sunk  in  the  ground,  to  wit: 
one  at  each  corner,  and  one  at  the  center  of  each  side  line,  and  one 
at  each  end  of  the  ode.  When  it  is  impracticable  on  account  of 
rocks  or  precipitous  ground,  to  sink  such  posts,  they  may  be  placed 
in  a  monument  of  stone. 

7.  Requisite  of  Location. — Any  open  cut,  cross  cut,  or  tunnel,  at 
a  depth  sufficient  to  disclose  the  mineral  vein  or  lode,  or  an  adit  of 
at  least  ten  (10)  feet  along  the  lode  from  a  point  where  the  lode 
may  be  in  any  manner  discovered,  shall  be  equivalent  to  a  dis- 
covery shaft. 

8.  Time   Discoverer'    Has   to    Pefformn  Labor. — The  discoverer 


MINING    LAWS.  135 

shall  have  tliirty  days  from  the  time  of  uncovering  or  disclosing  a 
lode,  to  sink  a  discovery  sliaft  thereon. 

9.  Certificate  Construed  to  Contain. — Tlie  location,  or  location 
certificate,  of  any  lode  claim  shall  be  construed  to  include  all  sur- 
face ground  within  the  surface  lines  thereof,  and  all  lodes  ',u\(\  ledges 
throughout  their  entire  depth,  the  top  or  apex  of  which  lies  inside 
of  sucii  lines  extended  vertically,  with  such  parts  of  all  lodes  or 
ledges  as  continue,  by  dip,  beyond  the  side  lines  of  the  claim,  but 
shall  not  include  any  portion  of  such  lodes  or  ledges  beyond  the 
end  lines  of  the  claim,  or  the  end  lines  continued,  whether  by  dip 
or  otherwise,  or  beyond  the  side  lines  in  any  other  manner  than  by 
the  dip  of  the  lode. 

10.  Claim  not  Beyond  Exterior  Lines. — ^If  the  top   or   apex  of 
the  lode  in  its  longitudinal  course  extends  beyond  the  exterior  lines 
of  the  claim  at  any  point  on  the  surface,  or  as  extended    vertically 
downward,  such  lode  may  not  be  followed  in  its  longitudinal  course 
beyond  the  point  where  it  is  intersected  by  the  exterior. 

11.  Claims  Subject  to  Right  of  Way. — All  mining  claims  now 
located,  or  which  may  be  hereafter  located,  shall  he  subject  to  the 
right  of  way  of  any  ditch  or  flume  for  mining  purposes,  or  of  any 
tramway  or  pack  trail  which  is  now  in  use,  or  which  may  be  here- 
after laid  out  across  any  sucli  location:  Provided  ahoays.,  That 
such  right  of  way  shall  not  be  exercised  against  any  location  duly 
made  and  recorded,  and  not  abandoned  prior  to  tlie  establishment 
of  the  ditch,  flume,  tramway  or  pack-trail,  without  consent  of  the 
owners, except  by  condemnation,  as  in  case  of  land  taken  for  public 
highways;  parol  consent  to  the  location  of  any  such  easement, 
<accoraprinied  by  the  completion  of  the  same  over  the  claim,  shall 
be  sufiicient  without  writing:  And  provided  further.,  That  such 
ditch  or  flume  shall  be  so  constructed  that  the  water  from  such 
ditch  or  flume  shall  not  injure  vested  rights  by  flooding  or  other- 
wise. 

12.  Owner  May  Demand  Security  from  Jfiner.—^When  the  right 
to  mine  is  in  any  case  separate  from  the  ownership  or  right  of 
occupancy  to  the  surface,  the  owner  or  rightful  occupant  of  the  sur- 
face may  demand  satisfactory  security  from  the  miner,  and  if  it  be 
refused,  may  enjoin  such  miner  from  working  until  such  security  is 
given.     Tlie  order  for  injunction  shall  fix  the  amount  of  bond. 

13.  filing  an  Amended  Certificate. — If  at  any  time  the  locator 
of  any  mining  claim  heretofore  or  hereafter  located,  or  his  assigns, 
shall  apprehend  that  his  original  certificate  was  defective, erroneous. 


136  DAKOTA. 

or  that  tlie  requirements  of  the  law  had  not  been  complied  with 
before  filing,  or  shall  be  desirous  of  changing  his  surface  boundaries 
or  of  taking  in  any  part  of  an  overlapping  claim  which  has  been 
abandoned,  or  in  case  the  original  certificate  was  made  prior  to  the 
passage  of  this  law,  and  he  shall  be  desirous  of  securing  the  benefit 
of  this  act,  such  locator  or  his  assigns  may  file  an  additional  cer- 
tificate subject  to  the  provisions  of  this  act :  Provided^  That  such 
relocation  does  not  interfere  with  the  existing  rights  of  others  at 
the  time  of  such  relocation,  and  no  such  relocation,  or  the  record 
thereof,  shall  preclude  the  claimant  or  claimants  from  proving  any 
such  title  or  titles  as  he  or  they  may  have  held  under  previous 
locations. 

14.  Work  Performed  Annually. — The  amount  of  work  to  be 
done  or  improvements  made  during  each  year,  to  hold  possession 
of  a  mining  claim,  shall  be  that  prescribed  by  the  laws  of  the 
United  States,  to  wit:     One  hundred  dollars  annually. 

15.  Affidavit  of  Labor  to  he  Made.—^ithm  six  months  after 
any  set  time  or  annual  period  herein  allowed  for  the  performance 
of  labor  or  making  improvements  upon  any  lode  claim^the  person 
on  whose  behalf  such  outlay  was  made,  or  some  person  for  him, 
shall  make  and  record  an  affidavit  in  substance  as  follows: 
Territory  of  Dakota,     )  ^^ 

County  of .       f 

Before  me,  the  subscriber,  personally  appeared ,  who,  being 

duly   sworn,    says   that  at  least  dollars  worth  of  work   or 

improvements,  were  performed  or  made  upon  [here  describe  the 

claim  or  claims,  or  part  thereof]  prior  to  the  —  day  of ,  a. 

jy^  18—,  situate  in mining  district,  county  of ,  Territory 

of  Dakota.  Such  expenditure  was  made  by  or  at  the  expense  of 
,  owner  of  said  claim,  for  the  purpose  of  holding  said  claim. 

[Jurat.]  [Signature.] 

And  such  certificate,  when  recorded  in  the  office  of  the  register 
of  deeds  of  the  county  wherein  such  claim  is  located,  shall  be 
prima  facie  evidence  of  the  performance  of  such  labor. 

16.  '  Relocating  Abandoned  Claims. — The  relocation  of  aban- 
doned lode  claims  shall  be  by  sinking  a  new  discovery  shaft,  and 
fixing  new  boundaries,  in  the  same  manner  as  if  it  were  the  loca- 
tion of  a  new  claim;  or  the  relocator  may  sink  the  original  shaft, 
cut,  or  adit  to  a  sufficient  depth  to  comply  with  sections  5  and 
7  of  this  chapter,   and  erect  new  or  adopt  the  old  boundaries, 


miner's  lien.  137 

renewing  the  posts  if  removed  or  destroyed.  In  either  case,  a  new- 
location  shall  be  erected.  In  any  case,  whether  the  whole  or  a 
part  of  an  abandoned  claim  is  taken,  the  location  certificate  must 
state  that  the  whole  or  any  part  of  the  new  location  is  located  as 
abandoned  property, 

17.  One  Certificate^  One  Location. — No  location  certificate 
shall  claim  more  than  one  location,  whether  the  location  be  made 
by  one  or  several  locators;  and  if  it  purport  to  claim  more  than 
one  location,  it  shall  be  absolutely  void,  except  as  to  the  first  loca- 
tion therein  described;  and  if  they  are  described  together,  or  so 
that  it  cannot  be  told  which  location  is  first  described,  the  certificate 
shall  be  void  as  to  all. 

18.  Fee  f  07'  Recording. — The  register  of  deeds  shall  be  entitled 
to  receive  the  sum  of  one  dollar  for  each  location  certificate 
recorded  and  certified  by  him,  and  shall  furnish  the  locator  or  loca- 
tors with  a  certified  copy  of  such  certificate  when  demanded,  for 
which  it  shall  be  entitled  to  receive  fifty  cents. 

Ke vised  Code  of  Dakota,  1877,  p.   159. 


IDAHO. 

Miner's  Lien. 

Sec.  12. — Quartz  Mine  or  Material. — Every  sub-contractor, 
journeyman,  laborer,  or  other  person,  performing  labor  or  furnish- 
ing materials  for  any  contractor,  in  or  upon  any  quartz  claim, 
ledge,  or  mine,  in  working  in  the  same  or  in  the  improvement  of 
development  thereof  in  the  completion  or  performance  of  any  con- 
tract entered  into  by  any  person  in  this  Territory,  every  such  per- 
son or  persons  so  performing  such  labor  or  furnishing  such 
material  shall  have  a  lien  upon  all  the  interests  in  such  quartz 
claim,  ledge,  or  mine,  of  the- person  or  persons  employing  him  or 
them,  or  purchasing  such  materials  with  the  improA-ements 
thereon  and  appurtenance  thereto  belonging,  and  also  upon  all  the 
interest  of  the  person  or  persons  for  whom  such  person  or  persons 
act  as  agent,  or  the  owner  or  owners,  for  the  value  of  such  work, 
or  labor  or  materials  furnished,  and  all  the  provisions  of  this  act 
shall  apply  in  respect  to  recording,  recovering,  and  enforcing  such 
liens  provided  for  this  section:  Provided,  That  the  person  or  per- 
sons claiming  such  lien  shall,  within  thirty  days  after  the  perform- 
ance of  such  labor  or  furnishing  such  materials,   give  notice  in 


138  MONTANA. 

writing  to  any  person  or  persons,  agent  or  agents,  owner  or  own- 
ers, and  shall  within  forty  days  file  their  lien  in  other  respects  as 
provided  by  this  act. 

Sec.  13. — Quartz  Mine  or  Ore. — When  any  person  or  persons 
shall  do  or  perform  any  work  or  labor  in  or  upon  or  for  any  quartz 
claim,  mine,  or  ledge,  in  working  the  same  or  in  the  improvement 
or  development  thereof;  or  in  the  preparation  of  the  ores  thereof  for 
reduction ;  or  in  the  hauling  of  the  ores  thereof;  or  shall  perform  labor 
or  service  as  superintendent,  manager,  or  foreman  of  any  mine  or 
ledge,  or  shall  perform  labor  as  a  mechanic  or  artisan  therefor;  such 
person  or  persons  shall  have  a  lien  upon  all  the  interests  in  such 
quartz  claim,  ledge,  or  mine  of  the  persons  employing  him  or 
them,  or  purchasing  such  materials,  together  with  the  improve- 
ments thereon  and  appurtenances  for  the  value  of  such  work, 
labor  or  services,  or  materials  furnished,  and  all  the  provisions  of 
this  act  respecting  the  filing,  recording  and  recovering  and  enforc- 
ing mechanics' liens  are  made  applicable  to  this  section:  Provided., 
The  person  or  persons  claiming  such  liens  shall,  within  sixty  days 
after  the  completion  of  such  work  or  labor,  or  rendering  said  ser- 
vices or  furnishing  said  materials,  file  their  lien  in  other  respects 
as  provided  by  this  act. 

Sec.  14. —  What  is  Included. — This  act  shall  be  construed  as  to 
include  in  its  provisions  bridges,  ditches,  flumes,  aqueducts  to  cre- 
ate hydraulic  power  for  mining  purposes,  and  all  improvements  on 
mining  claims. — Extract  from  an  act  approved  Jan.  11,  1875. 
Laws  of  1874-'5,  p.  615. 


MONTANA. 

AN  ACT  in  relation  to  quartz  claims. 

£e  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Montana: 
Section  1. — Filing  a  Declaratory  Statement. — Any  person  or 
persons  who  shall  hereafter  discover  any  mining  claim  upon  any 
vein  or  lode  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or 
other  valuable  deposits,  shall,  within  twenty  days  thereafter, 
make  and  file  for  record  in  the  office  of  the  recorder  of  the  county 
in  which  said  discovery  is  made,  a  declaratory  statement  thereof, 
in  writing,  on  oath,  before  some  person  authorized  by  law  to  ad- 


MINING    LAWS.  139 

minister  oaths,  describing  sucli  claim  in  the  manner  provided  by 
the  laws  of  the  United  States. 

Sec.  2. — Crevice  Mtist  he  Discovered. — That  in  order  to  entitle 
any  person  or  persons  to  record  in  the  county  recorder's  office  of 
the  proper  county,  any  lead,  lode,  or  ledge,  there  shall  first  be 
discovered  on  said  lode,  lead,  or  ledge,  a  vein  or  crevice  of  quartz, 
or  ore,  with  at  least  one  well-defined  wall. 

Sec.  3. — Dimensions  of  Location. — Claims  on  any  lead,  lode,  or 
ledge,  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other 
valuable  deposits,  hereafter  discovered,  shall  consist  of  not  more 
than  fifteen  hundred  linear  feet  along  the  lead,  lode,  or  ledge,  and 
not  more  than  three  hundred  feet,  and  not  less  than  twenty-five 
feet,  on  each  side  from  the  center  of  said  lead,  lode,  or  ledge, 
for  working  purposes:  Provided.,  That  the  provisions  of  this  act 
shall  not  be  so  construed  as  to  include  claims  recorded  prior  to  the 
passage  of  this  act. 

Sec.  4. — Lode  ClaiTns  Heretofore  Discovered. — All  lode  claims 
heretofore  discovered  and  recorded  pursuant  to  the  law,  and  the 
possessory  title  to  which  shall  have  been  preserved  according  to 
law,  shall  entitle  the  owner  or  owners  thereof  to  surface  ground 
along  the  course  of  the  vein  three  hundred  feet  on  each  side  from 
the  center  of  said  vein:  Provided.,  That  such  width  shall  not  be 
permitted  to  interfere  with  any  vested  possessory  rights  of  any 
person  or  persons,  corporation  or  corporations,  which  have  inter- 
vened and  have  been  preserved  to  the  time  of  the  taking  effect  of 
this  act;  but  parties  desiring  to  avail  themselves  hereof  shall  so 
signify  by  a  record  which  shall  show  that  they  so  elect,  or  if  they 
so  desire,  they  may  limit  the  surface  ground  on  each  side  of  the 
center  of  the  vein  to  any  width  not  less  than  twenty-five  feet. 

Sec.  5. — Punishment  for  Destroying  Notice  and  Monument. — 
Any  person  who  shall  remove  any  stake  or  monument  placed  on 
any  mining  claim,  or  who  shall  obliterate,  deface  or  destroy  any 
notice  placed  thereon,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  fine  not  exceeding 
one  hundred  dollars,  or  imprisonment  not  exceeding  one  year,  or 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Sec  6. — Repeal. — All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Sec.  7. — Takes  Effect. — This  act  to  take  effect  and  be  in  force 
from  and  after  its  passage. 
.    Approved  February  11,  1876. 

rLaw8ofl876,  p.  127.] 


140  NEVADA. 

Sec.  40. — Statute  of  Limitations. — No  action  for  the  recovery 
of  mining  claims  (lode  claims  excepted),  or  for  the  recovery  of 
possession  thereof,  shall  be  maintained,  unless  it  appear  that  the 
plaintiff  or  his  assigns  were  seized  or  possessed  of  such  mining 
claims  within  one  year  before  the  commencement  of  such  action. 
[Laws  of  1877,  p.  48.] 

Sec.  363. — Customs  as  Proof. — In  actions  respecting  mining 
claims,  proof  must  be  admitted  of  the  customs,  usages,  or  regula- 
tions established  and  in  force  at  the  bar  or  diggings  embracing 
such  claim;  and  such  customs,  usages,  or  regulations,  when  not  in 
conflict  with  the  laws  of  this  Territory,  must  govern  the  decision  of 
the  action.     [Laws  of  1877,  p.  139.] 

Other  laws  of  Montana,  relating  to  Rights  of  Way,  Easements, 
Tunnels,  Aliens,  etc.,  are  found  in  Codified  Statutes,  1871-'72,  pp. 
308,  522,  524,  525,  593,  597;  Laws  of  1873,  pp.  35,  83,  and  Laws 
of  1874,  pp.  94,  97. 


NEVADA. 
Certain  County  Recorders. 

CHAP.  LXXII. — AN  ACT  to  provide  for  the  better  preservation  of  the  mining 
records  in  certain  mining  districts  in  this  State. 

The  people,  etc.  y  do  enact  as  folloios: 

Section  1. — District  Mining  Recorder. — In  every  mining  dis- 
trict in  this  State  in  which  the  seat  of  government  of  any  county 
is  situated,  the  county  recorder  of  said  county  shall  be  exoflicio 
district  mining  recorder,  subject,  in  the  discharge  of  his  duties, 
to  such  rules,  regulations,  and  compensation  as  may  be  now  in 
force  or  hereafter  prescribed  by  the  mining  laws  of  the  miuing  dis- 
tricts respectively  to  which  this  act  is  applicable.  He  shall,  as 
such  ex-ojfcio  mining  recorder,  be  responsible  on  his  oflicial  bond 
for  the  faithful  performance  of  the  duties  of  his  office,  and  the  cor- 
rect and  safe  keeping  of  all  the  records  thereof. 

Sec.  2. — Take  Effect. — This  act  shall  take  effect  and  be  in  force 
from  and  after  the  first  day  of  August,  a.  d.  1880. 

Approved  March  6,  1879. 

[Laws  of  1879,  p.  80.] 


MINING    LAWS.  141 

NEW  MEXICO. 

AN  ACT  to  regulate  the  manner    of  locating  mining  claims,  and  for  other 
purposes. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 

Mexico: 

Section  1. — Locations. — That  any  person  or  persons  desiring  to 
locate  a  mining  claim  upon  a  vein  or  lode  of  quartz,  or  other  rock 
in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other 
valuable  deposit,  must  distinctly  mark  the  location  on  the  ground, 
so  that  its  boundaries  may  be  readily  traced;  and  post  in  some  con- 
spicuous place  on  such  location  a  notice  in  writing,  stating  thereon 
the  name  or  names  of  the  locator  or  locators,  his  or  their  intention 
to  locate  the  mining  claim,  giving  a  description  thereof  by  refer- 
ence to  some  natural  object  or  permanent  monument  as  will 
identify  the  claims;  and  also,  within  three  months  after  posting 
such  notice,  cause  to  be  recorded  a  copy  thereof  in  the  office  of  the 
recorder  of  the  county  in  which  the  notice  is  posted:  And  provided^ 
No  other  record  of  such  notice  shall  be  necessary. 

Sec.  2. — Record- Books  and  Fees. — In  order  to  carry  out  the  in- 
tent of  the  preceding  section,  it  is  hereby  made  the  duty  of  the 
probate  judges  of  the  several  counties  of  this  Territory,  and  they 
are  hereby  required  to  provide,  at  the  expense  of  their  respective 
counties,  such  book  or  books  as  may  be  necessary  and  suitable,  in 
which  to  enter  the  record  hereinbefore  provided  for.  The  fees  for 
recording  such  notices  shall  be  ten  cents  for  every  one  hundred 
words. 

Sec.  3. —  Value  of  Labor. — That  in  estimating  the  worth  of 
labor  required  to  be  performed  upon  any  mining  claims,  to  hold 
the  same  by  the  laws  of  the  United  States  in  the  regulation  of 
mines,  the  value  of  a  day's  labor  is  hereby  fixed  at  the  sum  of  four 
dollars:  Provided^  however .^  That  in  the  sense  of  this  statute, 
eight  hours  of  labor  actually  performed  upon  the  mining  claim 
shall  constitute  a  day's  labor. 

Sec.  4. — Prior  Locations  Confirmed. — All  locations  heretofore 
made  in  good  faith,  to  which  there  shall  be  no  adverse  claims,  the 
certificates  of  which  locations  have  been  or  may  be  filed  for  record, 
and  recorded  in  the  recorder's  office  of  the  county  where  the  loca- 
tion is  made  withi*  six  months  after  the  passage  of  this  act,  are 
hereby  confirmed  and  made  valid.  But  where  there  may  appear 
to  be  any  such  adverse  claims,  the  said  location  sliall  be  held  t(^  be 
the  property  of  the  person  having  the  superior  title  or  claim,  ac- 


142  OREGON. 

cording  to  the  laws  in  force  at  the  time  of  the  making  of  the  said 
locations. 

Sec.  5. — Ejectment. — An  action  of  ejectment  will  lie  for  the 
recovery  of  the  possession  of  a  mining  claim,  as  well  also  of  any 
real  estate,  where  the  party  suing  has  been  wrongfully  ousted 
from  the  possession  thereof,  and  the  possession  wrongfully  de- 
tained. 

Sec.  6. — Repeal  of  Prior  Acts. — That  "An  act  concerning  min- 
ing claims,"  approved  January  18,  1865,  and  an  act  amendatory 
thereof,  approved  January  3,  1866;  also  an  act  entitled  "An  act 
to  amend  certain  acts  concerning  mining  claims  in  the  Territory 
of  New  Mexico,"  approved  January  1,  1872,  be,  and  the  same  are 
hereby,  repealed:  Provided,  That  no  locations  completed  or  com- 
menced under  said  acts  shall  be  invalidated  or  in  any  wise 
affected  by  such  repeal. 

Sec.  7. — Becomes  Elective. — That  this  act  shall  take  effect  and 
be  in  full  force  from  and  after  its  passage. 

Approved  January  11,  1876. 

[Laws  of  New  Mexico,  1875-'6,  p.  116.] 


OREGON. 

liOcation,  Establishment,  and  Record  of  Claims. 

Chapter  XXXYllL^ Miscella/neous  Laios. 

Sec.  1. — Length  and  Width. — That  any  person,  or  company  of 
persons,  establishing  a  claim  on  any  quartz  lead  containing  gold, 
silver,  copper,  tin,  or  lead,  or  a  claim  on  a  vein  of  cinnabar,  for 
the  purpose  of  mining  the  same,  shall  be  allowed  to  have,  hold, 
and  possess  the  land  or  vein  with  its  dips,  spurs,  and  angles,  for 
the  distance  of  three  hundred  feet  in  length,  and  seventy-five  feet 
in  width,  on  each  side  of  such  lead  or  vein.  [Amended.  See  Act 
of  1880  following.] 

Sec  2. — Row  Established. — To  establish  a  valid  claim,  the  dis- 
coverer or  person  wishing  to  establish  a  claim  shall  post  a  notice 
on  the  lead  or  vein,  with  name  or  names  attached,  which  shall 
protect  the  claim  or  claims  for  thirty  days;  and  before  the  expira- 
tion of  said  thirty  days,  he  or  they  shall  cause  the  claim  or  claims 
to  be  recorded  as  hereinafter  provided,  and  describing  as  near  as 
may  be  the  claim  or  claims,  and  their  location;    but  continuous 


MINING    LAWS.  143 

working  of  said  claim  or  claims  shall  obviate  the  necessity  of  such 
record.  If  any  claim  shall  not  be  worked  for  twelve  consecutive 
months,  it  shall  be  forfeited,  and  considered  liable  to  location  by 
any  person  or  persons,  unless  the  owner  or  owners  be  absent  on 
account  of  sickness  or  in  the  service  of  their  country  in  time  of 
war.     [See  United  States  Law.] 

Sec.  3. — Numher  of  Claims  Held  and  Ovmed. — Any  person 
may  hold  one  claim  by  location,  as  hereinafter  provided,  upon 
each  lead  or  vein,  and  as  many  by  purchase  as  the  local  laws  of 
the  miners  in  the  district  where  such  claims  are  located  may  allow; 
and  the  discoverer  of  any  new  lead  or  vein,  not  previously  located 
upon,  shall  be  allowed  one  additional  claim  for  the  discovery 
thereof.  Nothing  in  this  section  shall  be  so  construed  as  to  allow 
any  person,  not  the  discoverer,  to  locate  more  than  one  claim 
upon  any  one  lead  or  vein. 

Sec.  4. — Annual  Labor. — Every  person,  or  company  of  persons, 
after  establishiuir  such  claim  or  claims,  shall,  within  one  year  after 
recording  or  taking  such  claim  or  claims,  work  or  cause  to  be 
worked,  to  the  amount  of  fifty  dollars  for  each  and  every  claim, 
and  for  each  successive  year  shall  do  the  same  amount  of  work, 
under  the  penalty  of  forfeiture  of  said  claim  or  claims:  Provided, 
That  any  incorporate  company  owning  claims  on  any  lead  or  vein, 
may  be  allowed  to  work  upon  any  one  claim,  the  whole  amount 
required  as  above,  for  all  the  claims  they  may  own  on  such  lead  or 
vein.     [See  United  States  Law.]* 

Sec.  5. — Duty  of  County  Clerks. — It  shall  be  the  duty  of  the 
county  clerk  of  any  county,  upon  the  receipt  of  notice  of  a  miners' 
meeting,  oi-ganizing  a  miners'  district  in  said  county,  with  a  de- 
scription of  the  boundaries  thereof,  to  record  the  same  in  a  book, 
to  be  kept  in  his  office,  as  other  county  records,  to  be  called  a 
"  Book  of  Record  of  Mining  Claims;"  and  upon  the  petition  of 
parties  interested,  he  may  appoint  a  deputy  of  such  district,  who 
shall  reside  in  said  district  or  its  vicinity,  and  shall  record  all 
mining  claims  and  water-rights,  in  the  order  in  which  they  are 
presented  for  record,  and  shall  transmit  a  copy  of  such  record, 
at  the  end  of  each  month,  to  the  county  clerks,  who  shall  record 
the  same  in  the  above-mentioned  book  of  record,  for  which  he  shall 
receive  one  dollar  for  each  and  every  claim.  It  shall  further  be 
the  duty  of  said  county  clerk  to  furnish  a  copy  of  this  law  to  his 

*  This  section  (4)  is  not  in  compliance  with  the  mining   law  of  the  United 
States. 


144  OREGON 

said  deputy,  who  shall  keep  the  same  in   his   office,    open  at   all 
reasonable  times  for  the  inspection  of  all  persons  interested  therein. 

Sec.  6. — Placer  Claims  and  Town  Lots. — Miners  shall  be  em- 
powered to  make  local  laws  in  relation  to  the  possession  of  water 
rights,  the  possession  and  working  of  placer  claims,  and  the  sur- 
vey and  sale  of  town  lots  in  mining  camps,  subject  to  the  laws  of 
the  United  State  s. 

Sec.  7 .--Ditches  and  Illumes. — That  ditches  used  for  mining 
purposes,  and  mining  flumes  permanently  affixed  to  the  soil,  be, 
and  they  are  hereby,  declared  real  estate,  for  all  intents  and  pur- 
poses whatever. 

Sec.  8. — Real  Estate  Laws. — That  the  laws  relative  to  the  sale 
and  transfer  of  real  estate,  and  the  application  of  the  liens  of 
mechanics  and  laborers  therein,  be,  and  they  are  hereby,  made 
applicable  to  said  ditches  and  flumes:  Provided.  That  all  interests 
in  mining  claims,  known  as  placer  or  surface  diggings,  may  be 
granted,  sold,  and  conveyed  by  bill  of  sale,  and  delivery  of  pos- 
session, as  in  cases  of  the  sale  of  personal  property;  Provided, 
further.,  That  the  bills  of  sale  or  conveyances,  executed  on  the  sale 
of  any  placer  or  surface  mining  claim,  shall  be  recorded  within 
thirty  days  after  the  date  of  such  sale,  in  the  office  of  the  county 
clerk  of  the  county  in  which  such  sale  is  made,  in  a  book  to  be 
kept  by  the  county  clerk  for  that  purpose,  to  be  called  the  record 
of  conveyances  of  mining  claims.*     [See  Act  of  1880  following.] 

Sec.  9).— Mortgages  on  Placer  Claims. — Mortgages  of  interests  in 
placer  or  surface  mining  claims  shall  be  executed,  acknowledged, 
recorded,  and  foreclosed  as  mort;,'ages  of  chattels.  [See  Act  of 
1880  following.] 

Sec.  10.— i^^  of  County  Clerk.— IhQ  county  clerk  shall  be  en- 
titled to  a  fee  of  one  dollar  each,  for  every  conveyance  or  mortgage 
recorded  under  the  provisions  of  this  act. 

[General  Laws  of  Oregon  1845-1864,  p.  813;  1843-1872,  p.  686.] 


Lodes,  Placers,  and  Water  Rights. 

AN  ACT  to  amend  Section  1  of  Chapter  38  of  the  Miscellaneous  Laws  of  Oregon, 

pertaining  to  mines,  as  compiled  by  M.  P.  Deady  and  L.  F.  Lane. 
Be  it  enacted  hy  the  Legislative  Assembly  of  the  State  of  Oregon  : 
Section  1. — Length  and  Width  of  Lode  Claims. — That  section 
1  of  Chapter  38  of  the  Miscellanetuis  Laws  of  Oregon  pertaining  to 

*  The  certificate  should  be  recorded  in  the  county  where  the  mining  claim  is 
located. 


MINING    LAWS.  145 

mines,  as  compiled  by  Matthew  P.  Deady  and  Lafayette  Lane,  be 
amended  so  as  to  read  as  follows:  That  any  person,  or  company  of 
persons,  establishing  a  claim  on  any  quartz  lead  containing  gold, 
silver,  copper,  tin,  or  lead,  or  a  claim  on  a  vein  of  cinnabar,  fur 
the  purpose  of  mining  the  same,  shall  be  allowed  to  have,  hold, 
and  possess  the  land  or  vein,  with  all  its  dips,  spurs,  and  angles, 
for  the  distance  of  lifteen  hundred  feet  in  length  and  three  hundred 
feet  in  width  on  each  side  of  such  lead  or  vein. 

Sec.  2. — Mining  District  Laws. — That  all  local  laws  and  regu- 
lations now  existing  in  the  mining  districts  of  this  State  that  have 
not  been  made  within  two  years  next  preceding  tlie  passage  of  this 
act,  shall  be,  and  the  same  are  hereby,  declared  null  and  void. 

Sec.  3. —  Work  on  Placer  Claims.— That  from  and  after  the  pas- 
sage of  this  act,  any  person,  company,  or  corporation  owning  placer 
claims,  composed  of  creek,  bench,  and  hill  claims,  joining,  may 
represent  the  whole  of  said  claims  by  working  or  mining  on  any 
one  of  the  same. 

Sec.  4. — Representation  and  Ahandonment  of  Placer  Claims. — 
That  from  and  after  the  passage  of  this  act,  any  person  or  persons, 
company  or  corporation,  shall  be  allowed  to  represent  his  or  their 
placer  claims,  ditches  and  water  rights,  as  may  best  suit  his  or 
their  convenience:  Provided^  That  whenever  any  person,  company 
or  corporation,  being  the  owner  of  any  placer  mining;  claim  or 
claims,  ditches,  and  water-rights,  have  or  shall  abandon  the  same, 
and  who  shall  for  one  year  thereafter  cease  to  exercise  ownership 
over  said  claims,  ditches,  and  water  rights,  shall  be  deemed  to 
have  lost  all  title,  claim,  or  interest  therein. 

Sec.  5. — Laws  Governing  Placer  Claims  and  Water  Pig/its. — 
That  whenever  any  person,  company,  or  corporation  have  or  shall 
locate  a  placer  claim  or  claims  in  conformity  to  the  act  of  Con- 
gress approved  May  10,  1872,  and  the  amendments  thereto,  the 
said  claim  or  claims,  together  with  all  ditches  and  water-rights 
appurtenant  to,  and  connected  with  the  same,  shall  not  be  sub- 
ject to  any  local  law  or  regulation  of  the  mining  district  in  which 
the  same  may  be  situated,  but  shall  thereafter  be  subject  only  to  the 
law  governing  real  estate. 

Approved  October  25,  1880. 

[Laws  of  1880,  p.  26.] 


10 


146  UTAH. 

UTAH 
Of  Mines  and  Mining. 

AN  ACT  to  provide  rules  for  the  working  and  development  of  mines.  [Approved 
February  16,  1872.] 

1218.  Section  1. — Location  of  Glaim. — Be  it  enacted  hy  the 
Oovernor  and  Legislative  Asssemhly  of  the  Territory  of  Utah: 
That  any  citizen  of  the  United  States,  and  any  person  who  shall 
have  declared  his  intention  to  become  such,  who  shall  hereafter 
discover  any  mineral  deposit,  lead,  or  lode,  bearing  gold,  silver, 
tin,  platina,  copper,  or  cinnabar,  shall  be  entitled  to  one  claim 
thereon,  by  right  of  discovery,  and  one  claim  by  right  of  location: 
Provided^  That  no  person  shall  be  entitled  to  more  than  one  claim 
by  right  of  location  on  any  one  lead  or  lode.  [See  United  States 
Law.] 

1219.  Sec.  2. — Defacing  Notices,  etc. — Any  person  or  persons 
who  shall  willfully  or  maliciously  tear  down  or  deface  a  notice 
posted  on  any  mining  claim,  or  take  up  or  destroy  any  stake  or 
monument  marking  any  such  claim,  or  interfere  with  any  person 
lawfully  in  possession  of  said  claim,  or  who  shall  alter,  erase, 
deface,  or  destroy  any  record  kept  by  a  mining  recorder,  shall  be 
guilty  of  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  for  not  less  than  ten  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 
Justices  of  the  peace,  in  their  respective  counties,  shall  havejuris- 
diction  of  such  ofienses. 

1220.  Sec.  3. —  Wrongfully  Extracting  Ores. — Any  person 
wrongfully  entering  upon  any  mine  or  mining  claim,  and  carrying 
away  ores  therefrom,  or  extracting  or  selling  ores  from  any  mine, 
being  the  property  of  another,  shall  be  liable  to  the  owner  or 
owners  of  said  ore  for  three  times  the  value  thereof,  recoverable 
by  an  action  at  law;  and  should  the  plaintiff  file  his  affidavit  that 
the  defendant  did  unlawfully  take  such  ores,  the  defendant  may 
be  arrested  and  held  to  bail,  as  in  cases  for  the  recovery  of  the  pos- 
session of  personal  property  unjustly  detained. 

1221.  Sec.  4. — Miner^s  Lien. — Any  person  or  persons  who 
shall  perform  any  work  or  labor  upon  any  mine,  or  furnish  any 
material  therefor,  in  pursuance  with  any  contract  made  with  the 
owner  or  owners  of  such  mine,  or  of  any  interest  therein,  shall  be 
entitled  to  a  miner's  lien  for  the  payment  thereof  upon  all  the  inter- 


MINING    LAWS.  147 

est,  right,  and  property  in  such  mine,  by  the  peraon  or  person t^ 
contracting  for  such  labor  or  materials  at  the  time  of  making  such 
contract;  said  lien  may  be  enforced  in  the  same  manner  and  with 
the  same  effect  as  a  mechanic's  lien,  as  provided  by  the  laws  of 
Utah. 

Records  and  Mining:  Rules. 

AN  ACT  ia  relation  to  proving  the  records  and  mining  rules  and  regulations  ot 
the  mining  districts  of  the  Territory,  and  for  other  purposes.  [Approved 
February  18,  1876.] 

1222.  Section  1. — LoGatimi  Notices. — Be  it  enacted  hy  the 
Oovernor  and  Legislative  Assembly  of  the  Territory  of  Utah'. 
That  copies  of  notices  of  location  of  the  mines,  lodes,  and  veins, 
and  of  tunnel  sites  recorded  in  the  several  mining  districts,  and  of 
the  mining  rules  and  regulations  in  force  in  the  several  districts, 
in  like  manner  recorded,  shall  be  receivable  in  all  the  courts  of  this 
Territory,  ^%  prima  facie  evidence  of  such  notices,  rules,  and  regu- 
lations: Provided.,  The  recorder  of  the  district  shall  certify 
under  his  hand  and  seal  that  such  copies  are  full,  true,  and  perfect 
copies  from  the  records  in  his  custody.  The  seal  of  the  office  ot 
the  mining  recorder  so  certifying,  affixed  to  such  certificate,  shall 
be  prima  facie  evidence  of  the  fact  of  the  election  and  qualifica- 
tion and  official  character  of  such  mining  recorder. 

1223.  Sec.  2.  —  County  Recorders. — It  shall  be  the  duty  of  the 
county  recorder  of  the  several  counties  of  this  Territory  to  record 
the  mining  rales  and  regulations  of  the  several  mining  districts 
in  their  respective  counties;  and  when  so  recorded,  certified  copies 
thereof  shall  be  received  in  all  the  courts  of  this  Territory,  as 
prima  facie  evidence  of  such  rules  and  "regulations. 

1224.  Sec.  3. — I'ees. — The  mining  recorders  of  the  several  min- 
ing districts  shall  be  allowed  tlie  same  fees  for  recording  and 
making  copies  of  any  records  in  their  custody  as  are  now  allowed 
by  law  for  like  services  to  county  recorders.  And  it  shall  b3  the 
duty  of  each  mining  recorder,  upon  request  and  payment  or  tender 
of  the  fees  therefor,  to  make  and  deliver  to  any  person  requesting 
the  same,  duly  certified  copies  of  any  records  in  his  custody;  and 
for  a  failure  so  to  do,  or  for  receiving  larger  fees  for  any  such  ser- 
vice than  those  herein  provided,  such  mining  recorder  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  subjected  to  the  same  penalties  provided  against  public 
officers  in  section  twenty  of  the  act  entitled,   "  An  Act  to  regulate 


148  WYOMING. 

fees  and  compensation  for  official  and  other  services  in  the  Terri- 
tory of  Utah,"  passed  February  20,  1874. 

1225.  Sec.  4. — -District  Records  and  Reoorders. — Recorders  of 
mining  districts  shall,  for  the  purpose  of  this  act,  be  deemed 
public  officers,  and  the  records  in  their  custody  shall  be  deemed 
public  records,  and  they  are  hereby  required  to  keep  an  official 
seal. 

[Compiled  Laws  of  Utah,  pp.  398,  399,  400.] 


WYOMING. 
Development  of  Mining  Resources. 

AN  ACT  to  provide  for  the  development  of  the  mining  resources  of  the  Territory 
of  Wyoming. 

Be  it  enacted  hy  the  Council  and  House  of  Representatives  of  the 
Territory  of  Wyoming^ 

Section  1. — Expenditure — Ahandonment. — Any  person  or  per- 
sons who  shall  have  performed  work  or  made  improvements  or 
expenditures  to  the  amount  of  one  thousand  dollars  on  any  lead, 
lode,  or  ledaje,  the  same  shall  not  be  subject  to  relocation  under 
the  laws  of  this  Territory:  Provided,  That  such  quartz  claim  or 
claims  shall  not  be  abandoned,  but  shall  be  represented  by  the 
person  or  persons  owning  such  claim  or  claims,  or  by  his  or  their 
agent  or  attorney,  who  shall  reside  within  the  district  in  which 
such  claim  or  claims  may  be  situated,  unless  driven  from  said  dis- 
trict by  Indians.     [See  United  States  Law.] 

Sec.  2. — Salting  Mines  or  Ores. — Any  person  or  persons  who 
shall  defraud,  cheat,  or  swindle  any  party  or  parties  by  what  is 
known  as  "salting,"  that  is,  by  placing  or  causing  to  be  placed  in 
any  placer  or  quartz  claim,  or  dirt,  gravel,  or  quartz  contained 
therein,  any  gold,  silver,  or  metals,  or  minerals  which  would  prove 
to  be  a  misrepresentati(m,  thereby  working  injury  or  loss  to  any 
party  or  parties,  shall  be  deemed  guilty  of  a  felony,  and,  upon  con- 
viction thereof,  shall  be  fined  in  any  sum  not  to  exceed  iivo  thou- 
sand dollars  and  not  less  than  fifty  dollars,  together  with  tlie  cost 
of  prosecution,  and  may  be  imprisoned  in  the  territorial  penitenti- 
ary not  more  than  three  years  or  less  than  thirty  days,  or  both 
such  line  and  imprisonment. 


MTNING    LAWS.  149 

Sec.  3. — Delinquent  Co-Owners. — When  parties  owning  in  part- 
nership any  claim  or  claims,  or  any  lead,  lode,  or  ledge,  or  any 
one  of  the  parties  so  owning,  shall  fail  to  perform  his  or  her  por- 
tion of  the  work,  for  the  period  of  eight  months,  or  pay  the  reason- 
able assessment  for  the  same  when  said  claim  is  being  worked  in 
accordance  with  the  expressed  wish  of  a  majority  of  the  persons 
owning  such  claim,  it  may  be  sold  to  pay  such  assessment  by  the 
person  or  persons  to  whom  such  assessment  may  be  due,  by  giving 
thirty  days'  notice,  published  in  the  nearest  newspaper,  and  by 
posting  notice  for  thirty  days  on  such  claim,  giving  the  amount  of 
assessment  due,  date  of  notice,  and  date  of  sale.  [See  United 
States  Law.]* 

Sec.  4. — Exception  to  Residents. — The  provision  of  the  forego- 
ing section  shall  not  apply  to  persons  residing  within  the  district 
in  which  his  or  her  property  is  situated. 

Sec.  5. — Redemption  of  Sold  Interest. — Any  property  sold  to 
pay  assessments  may  be  redeemed  within  the  period  of  six  months 
by  the  person  or  persons  formerly  owning  such  property,  or  by  his 
or  her  agents,  heirs,  or  attorneys,  by  paying  the  cost  of  advertising 
and  sale,  together  with  the  assessments  due,  and  ten  per  cent, 
upon  all  purchase-money  for  the  same. 

Sec.  6. — Repeal  Provision. — All  acts  and  parts  of  acts  conflict- 
ing with  this  act  be,  and  the  same  are,  hereby  repealed. 

Sec.  7. —  When  to  take  Effect. — ^This  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved  December  16,  1871. 

Laws  of  1871,  p.  114. 

Miners'  !Leins. 

Sec.  1. —  When  Created. — That  every  miner  or  other  person, 
who,  at  the  request  of  the  owner  of  any  ledge  or  lode  of  quartz 
bearing  gold,  silver,  cinnabar,  or  copper,  or  of  any  coal  bank  or 
mine,  shall  work  in  or  upon  such  mine  or  bank,  shall  have  a  lien 
upon  such  vein  or  lode,  mine  or  bank,  to  the  amount  due  at  any 
time  when  a  demand  shall  be  made  upon  such  owner,  or  his  or 
their  agent,  for  money  due  for  such  labor,  and  payment  shall  be 
refused. 

Sec.  2. — Materials. — That  any  person  who  shall  labor  as  a  me- 
chanic, or  otherwise,  or  who  shall  furnish  timber,  lumber,  rope, 

*  This  section  is  not  in  compliance  with  the  United  States  mining  statute  of 

1872. 


150  WYOMING. 

nails,  or  any  other  material  for  timbering  shafts  [or]  levels  for  thfe 
mine,  who  shall  furuish  any  kind  of  materials  for  erecting  wind- 
lass, whim,  or  other  hoisting  apparatus  uptm  any  vein,  mine,  or 
coal  bank,  referred  to  in  the  first  section,  shall  also  have  a  lien 
npon  the  mine  or  coal  bank  for  which  he  furnished  such  materials, 
or  upon  which  he  performed  such  labor. 

Sec.  3. — Manner  of  Proceeding. — The  party  seeking  a  lien 
shall  proceed,  so  far  as  the  proceedings  are  applicable  in  the  same 
manner,  to  enforce  a  lien  as  by  law  required  in  the  case  of  me- 
chanics and  other  persons  seeking  to  enforce  a  lien  upon  dwelling- 
houses  and  other  buildings,  except  when  other  provisions  are  made 
by  this  act. 

•  Sec.  4. — Notice  How  am,d  When  Filed. — When  any  sum  exceed- 
ing ten  dollars  for  labor  performed  by  any  miner  or  other  person 
upon  or  in  any  mine  or  coal  bank  specified  in  section  1  of  this 
act,  shall  be  due  and  unpaid  for  ten  days,  it  shall  be  competent 
for  the  person  or  persons  to  whom  such  sum  of  money  shall  be 
due,  to  file  a  notice  in  the  ofilce  of  county  recorder  in  the  county 
where  such  mine  is  situated,  at  any  time  within  thirty  days  after 
the  last  day  upon  which  work  was  done  by  him ;  which  said  notice 
shall  in  substance  set  forth  the  fact  that  the  party  performed  labor 
(naming  the  kind)  for  a  party  or  company  (naming  the  party  or 
company);  that  such  labor  was  performed  under  a  contract  (stating 
the  substance);  also,  the  time  when  the  party  commenced  and 
when  he  ceased  to  work;  the  amount  still  due  and  unpaid,  together 
with  a  description  of  the  mine  or  coal  bank  upon  which  such  work 
was  performed,  which  statement  shall  be  verified  by  the  affidavit 
of  the  party  so  filing  it,  and  when  filed,  the  county  recorder  shall 
record  the  same  in  a  ''lien-book, "the  same  as  required  in  the  case 
of  mechanics'  notices  of  liens. 

Sec.  5. — Materials  Furnished. — The  provisions  of  t4ic  next  pre- 
ceding section  shall  apply  to  persons  who  shall  furnish  materials 
or  work  upon  any  shaft,  whim,  or  other  hoisting  works,  who,  by 
complying  with  the  general  provisions  of  such  section,  shall  have 
a  like  lien. 

Sec.  6. — Lien  Holds  against  Purchasers. — When  notices  as 
provided  in  the  next  two  preceding  sections  shall  be  filed,  the  lien 
shall  hold  not  only  against  the  owner  of  the  mine  or  bank,  from 
the  time  when  the  miner  or  other  person  began  work,  but  against 
all  persons  or  company  who  shall  have  purchased  such  mine  or 
coal  bank  while  such  miner  or  other  person  was  employed  therein, 
or  furnished  materials  used  therein  or  thereon. 


MINING    LAWS.  151 

Sec.  7. —  When  Suit  may  he  Commenced^ — Salt  to  enforce  such 
lien  may  be  commenced  at  any  time  within  one  year  after  filing 
such  notice. 

Sec.  8. — Oil  Well  or  Spring. — Any  owner  of  any  oil  well  or 
spring  who  shall  employ  any  person  to  perform  any  work  of  anv 
kind  around  or  about  any  oil  well  or  spring,  either  in  building 
derricks,  buildings,  or  any  kind  of  machinery,  or  in  boring  or  drill- 
ing, shall  be  deemed  within  the  provisions  of  this  act,  and  all 
persons  performing  labor  or  furnishing  materials  shall  have  like 
liens  upon  oil  territory  upon  which  he  labored  or  for  which  he 
furnished  materials  or  the  improvements  thereon,  as  miners  or 
other  laborers  upon  or  in  mines  as  provided  in  this  act,  and  shall 
proceed  in  the  same  manner  to  enforce  a  lien. 

Sec.  9. — Takes  Effect. — This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  December  2,  1869. 

Laws  of  1869,  p.  404. 


CHAPTER  VII. 


COAIi-IiAND     liAW,    AND    REGULATIONS    THERE- 
UNDER. 


Including  the  Instructions  of  the  General  Land  Commis- 
sioner to  Registers  and  Receivers  of  the  United 
States  Land-Offices — Relating  Thereto. 

DEPARTMENT  OF  THE  INTERIOR. 

GENERAL    LAND    OFFICE, 

Washington,  D.  C,  April  15,  1880. 

Gentlemen  :  The  act  of  Cons^ress  approved  March  3,  1873,  en- 
titled ''An  Act  to  provide  for  the  sale  of  the  lands  of  the  United 
States  containing  coal,"  is  as  follows,  to-wit : 

AN  ACT  to  provide  for  the  sale  of  the  lands  of  the  United  States  containing  coal 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,^  That  any 
person  al)Ove  the  age  of  twenty-one  years  who  is  a  citizen  of  the 
United  States,  or  who  has  declared  his  intentii-n  to  become  such, 
or  any  association  of  persons  severally  qualified  as  above,  shall, 
upon  application  to  the  register  of  the  proper  land  office,  have  the 
right  to  enter,  by  legal  subdivisions,  any  quantity  of  vacant  coal 
lands  of  the  United  States  not  otherwise  appropriated  or  reserved 
by  competent  authority,  not  exceeding  one  hundred  and  sixty  acres 
to  such  individual  person,  or  three  hundred  and  twenty  acres  to 
such  association,  upon  payment  to  the  receiver  of  not  less  than  ten 
dollars  ])er  acre  for  such  lands,  where  the  same  shall  be  situated 
more  than  fifteen  miles  from  any  completed  railroad,  and  not  less 
than  twenty  dollars  per  acre  for  such  lands  as  shall  be  within 
fifteen  miles  of  such  road. 

Sec.  2.  That  any  person  or  association  of  persons  severally 
qualified  as  above  who  have  opened  and  improved,  or  shall  here- 
after open  and  improve,  any  coal  mine  or  mines  upon  the  public 
lauds,  and  shall  be  in  actual  possession  of  the   sanie.  shall  be  en- 

(152) 


AND    REGULATIONS.  153 

titled  to  a  preference  right  of  entry,  under  tlie  foregoing  provisions, 
of  the  mines  so  opened  and  improved  :  Provided^  That  when  any 
association  of  not  less  than  four  persons,  severally  qualitied  as  in 
section  1  ot  this  act,  shall  have  expended  not  less  than  five 
thousand  dollars  in  working  and  improving  any  such  mine  or 
mines,  such  association  may  enter  not  exceeding  six  hundred  and 
forty  acres,  including  such  mining  improvements- 

Sec.  3.  That  all  claims  under  section  2  of  this  act  must  be 
presented  to  the  register  of  the  proper  land  district  within  sixty 
days  after  the  date  of  actual  possession  and  the  commencement  of 
improvements  on  the  land  by  the  tiling  of  a  declaratory  statement 
therefor  :  Provided^  That  when  the  township  plat  is  not  on  file  at 
the  date  of  such  improvement,  filing  must  be  made  within  sixty 
days  from  the  receipt  of  such  plat  at  the  district  office:  And  pro- 
vided  further^  That  where  the  improvements  shall  have  been 
made  prior  to  the  expiration  of  three  months  from  the  passage  of 
this  act,  bixty  days  from  the  expiration  of  said  three  months  shall 
be  allowed  for  the  filing  of  a  declaratory  statement,  atid  no  sale 
under  the  provisions  of  this  act  shall  be  allowed  until  the  expira- 
tion of  six  months  from  tlie  date  hereof. 

Sec.  4.  That  this  act  shall  be  held  to  authorize  only  one  entry 
by  the  same  person  or  association  of  persons  under  its  provisions; 
and  no  association  of  persons,  any  member  of  which  shall  have 
taken  the  benefit  of  this  act,  either  as  an  individual  or  as  a  mem- 
ber of  any  other  association,  shall  enter  or  hold  any  other  lands 
under  the  provisions  of  this  act ;  and  no  member  of  any  associa- 
tion which  shall  have  taken  the  benefit  of  this  act  shall  enter  or 
hold  any  other  lands  under  its  provisions;  and  all  persons  claim- 
ing under  section  2  hereof  shall  be  required  to  prove  their 
respective  riiihts  and  pay  for  the  lands  filed  upon  within  one  year 
from  the  time  prescribed  for  filing  their  respective  claims;  and 
upon  failure  to  file  the  proper  notice,  or  to  pay  for  the  land  within 
the  required  period,  the  same  shall  be  subject  to  entry  by  any  other 
qualified  applicant. 

Sec.  5.  That  in  case  of  conflicting  claims  upon  lands  where  the 
improvements  shall  be  hereafter  commenced,  priority  of  possession 
and  improvement,  followed  by  proper  filing  and  continued  good 
faith,  shall  determine  the  preference  right  to  purchase;  and  also 
where  improvements  have  already  been  made  at  the  date  of  the 
passage  of  this  act,  division  of  the  land  claimed  may  be  made  by 
legal  subdivisions,  to  include,  as  near  as  may  be,  the  valuable  im- 
provements of  the  respective  parties  ;  and  the  Commissioner  of  the 
General  Land-Office  shall  be,  and  is  hereby,  authorized  to  issue 
all  needful  rules  and  regulations  for  carrying  into  effect  the  pro- 
visions of  this  act. 

Sec.  6.  That  nothing  in  this  act  shall  be  construed  to  destroy 
or  impair  any  rights  which  may  have  attached  prior  to  its  passage, 
or  to  authorize  the  sale  of  lands  valuable  for  mines  of  gold,  silver, 
or  copper. 


154  OOAL-LAND    LAW 

Your  attention  is  called  to  the  following  points  : 

1.  The  sale  of  coal-lands  is  provided  for — 

1.  By  ordinary  private  entry  under  section  1. 

2.  By  granting  a   preference  ri^ht  of  purchase  based  on 

priority  of  possession  and  improvement  under  sec- 
tion 2. 

2.  The  land  entered  under  either  section  must  be  hy  legal  sub- 
divisions^ as  made  by  the  regular  United  States  survey.  Entry  is 
confined  to  surveyed  lands;  to  such  as  are  vacant,  not  otherwise 
appropriated,  reserved  by  competent  authority,  or  containing  val- 
uable minerals  other  than  coal. 

3.  Individuals  and  associations  may  purchase.  If  an  individual, 
he  must  be  twenty-one  years  of  age  and  a  citizen  of  the  United 
States,  or  have  declared  his  intention  to  become  such  citizen. 

4.  If  an  association  of  persons,  each  must  be  qualified  as  above. 

5.  A  person  is  not  disqualified  by  the  ownership  of  any  quan- 
tity of  other  land,  nor  by  having  removed  from  his  own  land  in 
the  same  State  or  Territory. 

6.  Any  individual  may  enter  by  legal  subdivisions  as  aforesaid 
any  area  not  exceeding  one  hundred  and  sixty  acres. 

7.  Any  association  ma/  enter  not  to  exceed  three  hundred  and 
twenty  acres. 

8.  Any  association  of  not  less  than  four  persons,  duly  qualified, 
who  shall  have  expended  not  less  than  $5,000  in  working  and  im- 
proving any  coal  mine  or  mines,  may  enter  under  section  2  not 
exceeding  six  hundred  and  forty  acres,  including  such  mining  im- 
provements. 

9.  The  price  per  acre  is  $10  where  the  land  is  situated  more 
than  fifteen  miles  from  any  completed  railroad,  and  $20  per  acre 
where  the  land  is  within  fifteen  miles  of  such  road. 

10.  Where  the  land  lies  partly  xoithin  fifteen  miles  of  such 
road  and  in  part  outside  such  limit,  the  inaximum  price  must  be 
paid  for  all  legal  subdivisions  the  greater  part  of  which  lies  within 
fifteen  miles  of  such  road. 

11.  The  term  "  completed  railroad"  is  held  to  mean  one  which 
is  actually  constructed  on  the  face  of  the  earth  ;  and  lands  within 
fifteen  miles  of  any  point  of  a  railroad  so  constiucted  will  be  held 
and  disposed  of  at  $20  per  acre. 

12  Any  duly  qualified  person  or  association  must  be  preferred 
as  purchasers  of  those  public  lands  on  which  they  have  opened  and 


AND   REGULATIONS.  155 

improved,  or  shall  open   and   improve,  any  coal  mine  or  mines, 
and  which  they  shall  have  in  actual  possession. 

13.  Possession  by  agent  is  recognized  as  the  possession  of  the 
principal.  The  clearest  proof  on  the  point  of  agency  must,  how- 
ever, be  required  in  every  case,  and  a  clearly  defined  possession 
must  be  established. 

14.  The  opening  and  improving  of  a  coal  mine,  in  order  to 
confer  a  preference  right  of  purchase,  must  not  be  considered  as  a 
mere  matter  of  form;  the  labor  expended  and  improvements  made 
must  be  such  as  to  clearly  indicate  the  good  faith  of  the  claimant. 

15.  These  lands  are  intended  to  be  sold,  where  there  are  adverse 
claimants  therefor,  to  the  party  who.  by  substantial  improvements, 
actual  possession,  and  a  reasonable  industry,  shows  an  intention  to 
continue  his  development  of  the  mines  in  preference  to  those  who 
would  purchase  for  speculative  purposes  only.  With  this  view, 
you  will  require  such  proof  of  compliance  with  the  law,  when  lands 
are  applied  for  under  section  2  by  adverse  claimants,  as  the  cir- 
cumstances of  each  case  may  justify. 

16.  In  conflicting  claims,  where  improvement  has  been  made 
prior  to  March  3,  1873,  you  will,  if  each  party  make  subsequent 
compliance  with  the  law,  award  the  land  hij  legal  subdivisions,  so 
as  to  secure  to  each  as  far  as  possible  his  valuable  improvements; 
there  being  no  provision  in  the  act  allowing  a  joint  entry  by  par 
ties  claiming  separate  portions  of  the  same  legal  subdivision. 

17.  In  conflicts,  when  improvements,  etc.,  have  been  com- 
menced subsequent  to  March  o,  1873,  or  shall  be  hereafter  com- 
menced, priority  of  possession  and  improvement  shall  govern  the 
award  when  the  law  has  been  fully  complied  with  by  each  party. 
A  mere  possession,  however,  without  satisfactory  improvements, 
will  not  secure  the  tract  to  the  first  occupant  when  a  subsequent 
claimant  shows  his  full  compliance  with  the  law. 

18.  After  an  entry  has  been  allowed  to  one  party,  you  will 
make  no  investigation  concerning  it  at  the  instance  of  any  person 
except  on  instructions  from  this  office.  You  will,  however,  receive 
all  affidavits  concerning  such  case  and  forward  the  same  to  this 
ofiice,  accompanied  by  a  statement  of  the  facts  as  shown  by  your 
records. 

19.  Prior  to  entry,  it  is  competent  for  you  to  order  an  investi- 
gation, on  sufficient  grounds  set  forth  under  oath  of  a  party  in 
interest  and  substantiated  by  the  affidavits  of  disinterested  and 
credible  witnesses. 


156  COAL-LAND    LAW 

20.  Notice  of  contest,  in  every  case  where  the  same  is  practi- 
cable, must  be  made  by  reading:  it  to  the  party  to  be  cited  and  by 
leaving:  a  copy  with  him.  This  notice  must  proceed  from  your 
office  and  be  signed  by  the  register  or  receiver.  Where  such 
personal  service  cannot  be  made  by  reason  of  the  absence  of  the 
party,  and  because  his  whereabouts  are  unknown,  a  copy  may  be 
left  at  his  residence,  or,  if  this  is  unknown,  by  posting  a  copy  in  a 
conspicuous  place  on  the  tract  in  controversy,  and  by  publica- 
tion in  a  weekly  newspaper  having  the  largest  general  circulation 
in  the  vicinity  of  the  land  (where  no  newspaper  shall  be  specified 
by  this  office),  for  five  consecutive  insertions,  covering  a  period  of 
four  weeks  next  prior  to  the  trial;  and  in  each  case  requiring  such 
notice  a  copy  must  be  forwarded  with  the  returns  to  this  office, 
accompanied  with  proof  of  service  by  affidavit  indorsed  thereon. 

21.  In  every  case  of  contest,  all  papers  in  the  same  must  be 
forwarded  to  this  office  for  review  before  an  entry  is  allowed  to 
either  party. 

22.  Thirty  days  from  your  decision  will  be  allowed  by  you  to 
enable  any  party  to  take  an  appeal,  or  file  argument  to  be  forwarded 
to  this  office. 

23.  No  appeal  will  be  entertained  unless  the  same  shall  be  for- 
warded through  the  district  land-office. 

24.  The  party  may  still  further  appeal  from  the  decision  of  the 
Commissioner  of  the  General  Land-Office  to  the  Secretary  of  the 
Interior.  The  appeal  must  be  taken  within  sixty  days  after  ser- 
vice of  notice  on  the  party.  This  may  be  filed  with  the  district 
land-officers  and  by  them  forwarded,  or  it  may  be  filed  with  the 
Commissioner,  and  mlist  recite  the  points  of  exception. 

25.  If  not  appealed,  the  decision  is  by  law  made  final.  (See 
section  10,  act  of  June  12,  1858,  United  States  Statutes,  volume 
11,  page  326.)  After  appeal,  thirty  days  are  usually  allowed  for 
tiling  arguments,  and  the  case  is  then  sent  to  the  Secretary,  whose 
decision  is  final  and  conclusive. 

26.  Manner  of  obtaining  title:  First  by  private  entry.  The 
party  will  present  the  following  application  to  the  register,  and 
will  make  oath  to  the  same: 

I, ,  hereby  apply,  under  the  provisions  of  the  act 

approved  March  3,  187o,  entitled    "An  Act  to  provide  for  the  sale 
of  the  lands  of  the  United  States  containing  coal,"  to  purchase  the 

-quarter  of  section ,  in  township of  range , 

in  tne  district  of  lands  subject  to  sale  at  the  land-office  at , 

and  contnining acres;   and  I   solemnly  swear  that  no  por- 


AST)    REGULATIONS.  157 

tion  of  said  tract  is  in  the  possession  of  an}'  other  party;  that  I  am 
twenty-one  years  of  as^e,  a  citizen  of  the  United  States  (or  have 
declared  my  intention  to  become  a  citizen  of  the  United  States), 
and  have  never  held  nor  purchased  lands  under  said  act,  eitlier  as 
an  individual  or  as  a  member  of  an  association;  and  I  do  further 
swear  that  I  am  well  acquainted  with  the  character  of  said  de- 
scribed land,  and  with  each  and  every  le.sal  sut'division  thereof, 
having  frequently  passed  over  the  same;  that  my  knowledire  of 
said  land  is  such  as  to  enable  me  to  testify  understandingly  with 
regard  thereto;  that  there  is  not  to  my  knowledge  within  the  limits 
thereof  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing 
gold,  silver,  or  copper,  and  that  there  is  not  within  the  limits  of 
said  land,  to  my  knowledge,  any  valuable  mineral  deposit  other 
than  coal.     So  help  me  God. 

To  this  affidavit  the  register  will  append  the  usual  jurat. 

27.  Thereupon  the  register,  if  the  tract  is  vacant,  will  so  cer- 
tify to  the  receiver,  stating  the  price,  and  the  applicant  must  then 
pay  the  amount  of  purchase-money. 

28.  The  receiver  will  then  issue  to  the  purchaser  a  duplicate 
receipt,  and  at  the  close  of  the  month  the  register  and  receiver 
will  make  returns  of  the  sale  to  the  General  Land-Office,  from 
whence,  when  the  proceedings  are  found  regular,  a  patent  or  com- 
plete title  will  be  issued;  and  on  surrender  of  the  duplicate  receipt 
such  patent  will  be  delivered,  at  the  option  of  the  patentee,  either 
by  the  Commissioner  at  Washington  or  by  the  register  at  the  dis- 
trict land-office. 

29.  This  disposition  at  private  entry  will  be  subject  to  any 
valid  prior  adverse  right  which  may  have  attached  to  the  same 
land,  and  which  is  protected  by  section  2.       ♦ 

30.  Second.  "When  the  application  to  purchase  is  based  on  a 
priority  of  possession,  etc.,  as  provided  for  in  section  2,  the  claim- 
ant must,  when  the  township  plat  is  on  file  in  your  office,  file  his 
declaratory  statement  for  the  tract  claimed  sixty  days  from  and 
after  the  first  day  of  his  actual  possession  and  improvement. 
Sixty  days,  exclusive  of  the  first  day  of  possession,  etc.,  must  be 
allowed. 

31.  The  declaratory  statement  must  be  substantially  as  follows, 
to- wit: 

I, ,    being years   of  age,  and  a   citizen  of  the 

United  States  (or  having  declared  my  intention  to  become  a  citi- 
zen of  the  United  States),  and  never  having,  either  as  an  indi- 
vidual or  as  a  member  of  an  association,  held  or  purchased  any 
coal  lands  under  the  act  approved  March  3, 1873,  entitled  ''  An  Act 


158  COAli-LAND    LAW 

to  provide  for  tlie  sale  of  the  land  of  the  United  States  containing 
coal,"  do  hereby  declare  iny  intention  to  purchase,  under  the  pro- 
visions of  said  act,   the quarter  of  section ,  in  township 

,of  range ,  of  lands  subject  to  sale  at  the  district  land-office  at 

,  and  that  I  came  into  possession  of  said  tract  on  the day 

of,  A.  D.  18 — ,  and  have  ever  since  remained  in  actual  posses- 
sion continuously,  and  have  expended  in  labor  and  improvements 

on  said  mine  the  sum  of dollars,  the  labor  and  improvements 

being  as  follows:  (here  describe  the  nature  and  character  of 
the  improvements;)  and  1  do  furthermore  solemnly  swear  that 
I  am  well  acquainted  with  the  character  of  said  described  land, 
and  with  each  and  every  legal  subdivision  thereof,  having  fre- 
quently passed  over  the  same;  that  my  knowledge  of  said  land  is 
such  as  to  enable  me  to  testify  understand] ngly  with  regard 
thereto;  that  there  is  not,  to  my  knowledge,  within  the  limits 
thereof  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing 
gold,  silver,  or  copper,  and  that  there  is  not  within  the  limits  of 
said  land,  to  my  knowledge,  any  valuable  mineral  deposit  other 
than  coal. 

[Jurat.]  • 

32.  When  the  township  plat  is  not  on  file  at  date  of  claimant's 
first  possession  the  declaratory  statement  must  be  filed  within 
sixty  days  from  the  filing  of  such  plat  in  your  office. 

33.  When  improvements  shall  have  been  made  prior  to  June 
4,  1873,  the  declaratory  statement  must  be  filed  within  sixty  days 
irom  that  date. 

34.  No  sale  under  this  act  will  be  allowed  by  you  prior  to  Sep- 
tember 4,  1873.  One  year  from  and  after  the  expiration  of  the 
period  allowed  for  filing  the  declaratory  statement  is  given  within 
which  to  make  proof  and  payment,  but  you  will  allow  no  party  to 
make  final  proof  and  payment,  except  on  notice  as  aforesaid  to  all 
others  who  appear  on  your  records  as  claimants  to  the  same  tracts. 

35.  A  party  who  otherwise  complies  with  the  law  may  enter 
after  the  expiration  of  said  year:  Provided,  No  valid  adverse  right 
shall  have  intervened,  lie  postpones  his  entry  beyond  said  year 
at  his  own  risk,  and  the  Government  cannot  thereafter  protect  him 
against  another  who  complies  with  the  law,  and  the  value  of  his 
improvements  can  have  no  weight  in  his  favor. 

36.  One  person  can  have  the  benefit  of  one  entry  or  filing  only. 
He  is  disqualified  by  having  made  such  entry  or  filing  alone,  or  as 
a  member  of  an  association.  No  entry  can  be  allowed  an  associa- 
tion which  has  in  it  a  single  person  thus  disqualified,  as  the  law 
prohibits  the  entry  or  holding  of  more  than  one  claim  either  by  an 
individual  or  an   association.     You  are  to  allow  no  entry,  under 


A.ND    REGULATIONS.  159 

this  act,  of  lands  containing  other  valuable  minerals.  You  will 
determine  the  character  of  the  land  under  the  present  rules  rela- 
tive to  agricultural  and  mineral  lands.  Those  that  are  sufficiently 
valuable  for  other  minerals  to  prevent  their  entry  as  agricultural 
lands  cannot  be  entered  under  this  act. 

37.  Assignments  of  the  right  to  purchase  under  this  act  will  be 
recognized  when  properly  execnted.  Proof  and  payment  must  be 
made,  however,  within  the  prescribed  period,  which  dates  from 
the  first  day  of  the  possession  of  the  assignor  who  initiated  the 
claim.* 

38.  You  will  so  construe  this  act  in  its  application  as  nut  to 
destroy  or  impair  any  rights  which  may  have  attached  prior  to 
March  3,  1873.  Those  persons  who  may  have  initiated  a  valid 
claim  under  any  prior  law  relative  to  coal  lands  will  be  permitted 
to  complete  their  entries  under  the  same. 

39.  You  will  report  at  the  close  of  each  month  as  "  sales  of 
coal  lands "  all  filings  and  entries  under  this  act  in  separate 
abstracts,  commencing  with  number  one^  and  thereafter  proceeding 
consecutively  in  the  order  of  tlieir  reception.  Where  a  series  of 
numbers  has  already  been  commenced  by  sale  of  coal  lands  you 
will  continue  the  same  without  change.  The  aflidavit  required 
from  each  claimant  at  the  time  of  actual  purchase  will  be  as  fol- 
lows, to  wit: 

I, ,  claiming  the   right   of  purchase  under  the  act  of 

Congress  entitled  "  An  Act  to  provide  for  the  sale  of  the  lands  of 
the  United  States  containing  coal,"  approved  March  3,  1873,  to 
the quarter  of  section ,  in  township ,of  range ,  sub- 
ject to  sale  at ,  do  solemnly  swear  that  I  have  never  had   the 

right  of  purchase  under  this  act,  either  as  an  individual  or  as  a  mem- 
ber of  an  association,  and  that  I  have  never  held  any  other  lands 
under  its  provisions;  I  further  swear  that  I  have  expended  in 
developing  coal  mines  on  said  tract  in  labor  and  improvements  the 

sum  of- dollars,  the  nature  of  such  improvements  being  as 

follows: ;  that  I  am  now  in  the  actual  possession  of 

said  mines,  and  make  the  entry  for  my  own  use  and  benefit,  and 
not  directly  or  indirectly  for  the  use  and  benefit  of  any  other 
party;  and  I  do  furthermore  swear  that  I  am  well  acquainted  with 
the  character  of  said  described  land,  and  with  each  and  every  legal 
subdivision  thereof,  having  frequently  passed  over  the  same;  that 
ray  knowledge  of  said  hmd  is  such  as  to  enable  me  to  testify 
understandiiigly  with  regard  thereto;  that  there  is  not,  to  my 
knowledge,  within  the  limits  thereof  any  vein  or  lode  of  quartz  or 
other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there 


160  COAL-LANl)    LAW 

is   Jiot  within   the  Ihnits  of  said  hind,  to  mv  knowledo^e,  aiij  valu- 
able mineral  deposit  other  than  coal.     So  help  me  God. 

I, ,  of  the  land-office  at ,  do  hereby   csrtify  that 

the  above  affidavit  was  sworn  and  subscribed  to   before  me   this 
day  of,  A.  D.  18—. 


40.  In  case  the  purchaser  shows  by  an  affidavit  tliat  he  is  not 
personally  acquainted,  with  the  character  of  the  land,  his  duly 
authorized  agent  who  possesses  such  knowledge  may  make  the 
required  affidavit  as  to  its  character;  but  whether  this  affidavit  is 
made  by  principal  or  agent,  it  must  be  corroborated  by  the  affida- 
vits of  two  disinterested  and  credible  witnesses  having  knowledge 
of  its   character. 

J,    A.     WiLLIAJVISON, 

Cominissioner. 


CHAPTER  VIII. 


CONDENSED   MATTER  FROM    CIRCIILAR    OF  GEN- 
ERAL. LAND  COMMISSIONER  OF  U.  S. 

The  following  is  communicated  in  reference  to  the  manner  of 
acquiring  title  to  the  public  lands  under  diflerent  laws  of  Congress: 

The  public  lands  referred  to  are  included  only  within  the  States 
of  Alabama,  Arkansas,  California,  Colorado,  Florida,  Illinois, 
Indiana,  Iowa,  Kansas,  Louisiana,  Michigan,  Minnesota,  Missis- 
sippi, Missouri,  Nebraska,  Nevada,  Ohio,  Oregon,  Wisconsin, 
and  the  Territories  of  Arizona,  Dakota,  Idaho,  Montana,  New 
Mexico,  Utah,  Washington,  and  Wyoming,  These  States  and 
Territories,  with  tlie  exception  of  Ohio,  Indiana,  and  Illinois,  are 
divided  into  land  districts,  in  each  of  which  there  is  a  land-office 
established  by  law,  with  a  register  and  receiver  in  attendance  for 
tlie  sale  or  other  disposal  of  the  public  lands  therein.  Parties  so 
desiring  may  obtain  at  these  offices  any  proper  information  re- 
garding vacant  public  lands. 

Of  agricultural  public  lands  there  are  two  classes:  tlie  one  class 
at  $1.25  per  acre,  whidi  is  designated  as  minimum,,  and  the  other 
at  $2.50  per  acre,  or  double  minimum.  The  latter  class  consists 
of  tracts  embraced  within  the  alternate  sections  of  land  reserved 
to  the  United  States  in  acts  of  Congress  making  grants  within  pre- 
scribed limits  of  the  lines  of  railroads,  or  other  works  of  internal 
improvements,  to  aid  in  the  construction  thereof,  such  reserved 
sections  being  doubled  in  price.  Congress,  at  its  last  session, 
passed  an  act,  approved  June  15,  1880,  which  reduces  to  $1.25  per 
acre  any  such  lands  then  subject  to  entry,  which  were  put  in  mar- 
ket at  the  enhanced  price  prior  to  the  1st  of  January,  1861.  Title 
may  be  acquired  by  purchase  at  public  sale,  or  by  ordinary  "pri- 
vate entry,"  and  in  virtue  of  the  pre-emption,  homestead,  timber 
culture,  and  other  laws. 

By  Purchase  at  Public  Sale. 

This  may  be  done  where  lands  are    "offered"  at  public  auction 

to  the  highest   bidder,   either  pursuant   to  proclamation  bv  the 
11  (161) 


162  PUBLIC    LANDS. 

President,   or  public  notice  given  in  accordance   with   directions 
from  the  General  Land-Office. 

Cash  Purchases. 

The  applicant  will  first  present  a  written  application  to  the  reg- 
ister for* the  district  in  which  the  land  desired  is  situated,  describ- 
iug  the  tract  he  wishes  to  purchase,  giving  its  area.  Thereupon 
the  register,  if  the  tract  is  vacant,  will  so  certify  to  the  receiver, 
stating  the  price,  and  the  applicant  must  then  paj  the  amount  of 
the  purchase  money. 

The  receiver  will  then  issue  his  receipt  for  the  money  paid,  in 
duplicate,  giving  to  the  purchaser  a  duplicate  receipt.  The  reg- 
ister will  then  issue  his  certificate  of  purchase. 

Locations  with  "Warrants. 

Applications  must  be  made  as  in  cash  cases,  but  must  be  accom- 
panied by  a  warrant  duly  assigned  as  the  consideration  for  the 
land;  yet  where  the  tract  is  $2.50  per  acre,  the  party,  in  addition 
to  the''surrendered  warrant,  must  pay  in  cash  $1.25  per  acre,  as  the 
warrant  is  in  satisfaction  of  only  so  many  acres  at  $1.25  per  acre, 
or  furnish  a  warrant  of  such  denomination  as  will,  at  the  legal 
value  01  $1.25  per  acre,  cover  the  rated  price  of  the  land.  For 
example:  A  tract  of  40  acres  of  land,  held  at  $2.50  per  acre,  can 
be  paid  for  with  a  warrant  calling  for  40  acres  and  the  payment  of 
$50  in  cash,  or  by  surrendering  an  eighty-acre  warrant  for  the 
same — the  40  acres  to  be  in  full  satisfaction  for  the  said  location; 
or  a  tract  of  80  acres,  rated  at  $2.50  per  acre,  can  be  paid  for  by 
the  surrender  of  two  eighty-acre  warrants.  If  there  is  a  small  ex- 
cess in  the  area  of  the  tract  over  the  quantity  called  for  on  the  face 
of  the  warrant  in  any  case,  such  excess  may  be  paid  for  in  money. 

A  duplicate  certificate  of  location  will  then  be  furnished  the 
party,  to  be  held  until  the  patent  is  delivered,  as  in  cases  of  cash 
sales. 

The  following  fees  are  chargeable  by  the  land  officers,  and  the 
several  amounts  must  be  paid  at  the  time  of  location: 

For  a  40-acre  warrant,  50  cents  each  to  the  register  and  receiver ;  total $1  00 

For  a  60-acre-warrant,  75  cents  each  to  the  register  and  receiver ;  total 1  50 

For  an  80-acro  warrant,  |1  each  to  the  register  and  receiver;  total 2  00 

For  a  120-acre  warrant,  |l  50  each  to  the  register  and  receiver;  total ;5  00 

For  a  160-acre  warrant,  $2  each  to  the  register  and  receiver ;  total 4  00 

Bounties  given  by  law  for  military  services  in  tlie  late  civil  war 
were  not  given  in  laiid^  but  in  money. 


REGULATIONS.  163 

Agricultural  College  Scrip. 

This  scrip  ma}-  be  used — 

First.  In  the  location  of  land  at  '•'•  private  entry ^^''  but  when  so 
used  is  only  applicable  to  lands  not  mineral,  which  may  be  subject 
to  private  entry  at  $1.25  per  acre,  and  is  restricted  to  a  technical 
^'■quarter-section^'' — that  is,  land  embraced  by  the  quarter-section 
lines  indicated  on  the  official  plats  of  survey;  or  it  may  be  located 
on  a  part  of  a  "quarter-section,"  where  such  part  is  taken  as  in 
full  for  a  quarter;  but  it  cannot  be  applied  to  different  subdivisions 
to  make  an  area  equivalent  to  a  quarter-section.  The  manner  of 
proceeding  to  acquire  title  with  this  class  of  paper  is  the  same  as 
in  cash  and  warrant  cases,  the  fees  to  be  paid  being  the  same  as 
on  warrants.  The  location  of  this  scrip  at  private  entry  is  re- 
stricted to  three  sections  in  each  tovjnship  of  land,  and  one  million 
acres  in  any  one  State. 

Second.  In  payment  of  pre-emption  claims,  in  the  same  man- 
ner and  under  the  same  rules  and  regulations  as  govern  the 
application  to  pre-emptions  of  military  land  warrants;  this,  too, 
without  regard  to  the  limitation  as  to  the  quantity  located  in  a 
township  or  in  any  State. 

Third.  In  payment  f)r  homesteads  commuted  under  section 
2301  of  the  Revised  Statutes  of  the  United  States. 

Pre-emptions  Admissible  to  the  Extent  of  One  Quarter- 
Section,  or  One  Hundred  and  Sixty  Acres. 

These  are  admitted  under  sections  2257  to  2288  of  the  Revised 
Statutes,  upon  "offered"  and  "unofiered"  lands,  and  upon  any  of 
the  unsurveyed  lands  belonging  to  the  United  States  to  which  the 
Indian  title  is  extinguished,  although  in  the  case  of  unsurveyed 
lands  no  definitive  proceedings  can  be  had  as  to  the  completion  of 
the  title  until  after  the  surveys  shall  have  been  extended  and 
officially  returned  to  the  district  land-office. 

The  pre-emption  privilege  is  restricted  to  heads  of  families, 
widows,  or  single  persons  over  the  age  of  twenty-one,  who  are 
citizens  of  the  United  States,  or  who  have  declared  their  intention 
to  become  citizens,  as  required  by  the  naturalization  laws.  This 
does  not  include  Indians,  except  such  as  have  ceased  their  tribal 
relations  and  been  declared  citizens  by  treaties  or  acts  of  Congress. 

Written  notice  of  intended  absence,  signed  by  the  party  claiming 
land,  should  be  filed  with  the  register  and  receiver  when  he  leaves 
his  claim,  and  be  noted  on  the  tract  books;  this  for  the  protection 


164  PUBLIC    LAND 

of  the  claimant,  and  as  notice  to  those  wlio  mii^ht  otherwise  make 
settlement  and  attempt  to  obtain  title. 

Claimants  desiring  the  extension  of  time  provided  for  in  the 
second  section  of  said  act  may .  apply  therefor  through  the  same 
officers,  the  application  to  be  supported  by  the  same  character  of 
proof.  The  affidavits  required  in  cases  under  said  act,  as  before 
indicated,  may  be  made  before  any  officer  using  a  seal  and  author- 
ized to  administer  oaths,  or  before  the  register  or  receiver  of  the 
district  land-office. 

Note. — The  law  is  specific  in  requiring  final  proof  to  be  made  within  tioo  years 
after  the  expiration  of  the  five  years  from  day  of  entry  of  homestead. 

Under  the  act  of  Congress  of  March  3,  1879,  any  settler  desir- 
ing to  make  final  proof  must  first  file  with  the  register  of  the 
proper  land-office  a  written  notice  of  his  intention  to  do  so.  Such 
notice  must  describe  the  land  claimed,  and  the  claimant  must  give 
the  names  and  residences  of  the  witnesses  by  whom  the  necessary 
facts  as  to  settlement,  residence,  cultivation,  etc.,  are  to  be  estab- 
lished. 

The  filing  of  such  notice  must  be  accompanied  by  a  deposit  of 
sufficient  money  to  pay  the  cost  of  publishing  the  notice  to  be  given 
by  the  register. 

Upon  the  filing  of  the  notice  by  the  applicant,  the  register  shall 
publish  a  notice  of  such  application,  once  each  week  for  a  period  of 
thirty  days,  in  a  newspaper  which  he  shall  designate,  by  an  order 
written  on  said  application,  as  published  nearest  the  land  described 
in  the  application,  and  he  shall  also  post  said  notice  in  some  con- 
spicuous place  in  his  office  for  the  same  period.  A  compliance  with 
the  law  will  require  the  notice  to  be  published  weekly  five  times, 
because  feur  weekly  publications  would  not  cover  a  period  of  thirty 
days. 

"Where  a  homestead  settler  dies  before  the  consummation  of  his 
claim,  the  widow,  or  in  case  of  her  death  the  heirs,  may  continue 
settlement  or  cultivation,  and  obtain  title  upon  requisite  proof  at 
the  proper  time.  If  the  widow  proves  up,  title  passes  to  her;  if 
she  dies  before  proving  up  and  the  heirs  make  the  proof,  the  title 
will  vest  in  them. 

Where  both  parents  die,  leaving  infant  children,  the  home- 
stead may  be  sold  for  cash  for  the  benefit  of  such  children,  and  the 
purchaser  will  receive  title  from  the  United  States,  or  the  patent 
will  issue  to  the  infants  on  proof  of  settlement  or  cultivation  for 
the  prescribed  period. 


AND    REGULATIONS.  165 

As  the  law  allows  but  one  homestead  privilege,  a  settler  relin- 
quishing or  abandoning  his  claim  cannot  thereafter  make  a  second 
entry;  although  where  an  entry  is  cancelled  as  invalid  tor  some 
reason  other  than  abandonment,  and  not  the  willful  act  of  the 
party,  he  is  not  thereby  debarred  from  entering  again,  if  in  other 
respects  entitled,  and  may  have  the  fee  and  commissions  paid  on 
the  cancelled  entry  refunded  on  proper  application  under  the  act  of 
June  16,  1880;  or,  if  he  so  elect,  he  may,  by  special  instructions 
from  this  office,  be  allowed  credit  for  such  fee  and  commissions  on 
a  new  homestead  entry. 

Where  application  is  made  to  contest  the  validity  of  a  homestead 
entry  on  the  ground  of  abandonment,  the  party  must  file  his  affi- 
davit with  the  district  land-officers,  setting  forth  the  allegations  on 
which  his  application  is  founded,  describing  the  tract  and  giving  the 
name  of  the  settler.  Upon  this  the  officers  will  set  apart  a  day  for 
hearing,  giving  all  the  oarties  in  interest  due  notice  of  the  time  and 
place  of  trial. 

When  an  individual  has  made  settlement  on  a  tract  and  filed  his 
pre-emption  declaration  therefor,  he  may  change  his  tiling  into  a 
homestead,  if  he  continues  in  good  faith  to  comply  with  the  pre- 
emption laws  until  the  change  is  affected;  and  by  an  act  of  Con- 
gress of  May  27,  1878,  the  time  during  which  the  party  .has  resided 
upon  and  claimed  the  land  as  a  pre-emptor  will  be  credited  upon 
the  period  of  residence  and  cultivation  required  under  the  home- 
stead laws.  In  so  doing  he  is  required  in  his  first  homestead  affidavit 
to  set  forth  the  fact  of  a  previous  pre-emption  filing,  the  time  of  actual 
residence  thereunder,  and  the  intention  to  claim  the  benefit  of 
such  time  as  provided  for  in  the  act. 

If  the  homestead  settler  does  not  wish  to  remain  five  years  on 
his  tract,  the  law  permits  him  to  pay  for  it  with  cash  or  warrants  or 
agricultural  college  scrip,  upon  making  proof  of  settlement  and 
cultivation  for  a  period  of  not  less  than  six  months  from  the  date  of 
entry  to  the  time  of  payment;  or  payment  may  now  be  made  with 
private  claim  scrip  under  the  act  of  January  28,  1879. 

Final  homestead  proof  not  being  required,  no  advertisement  or 
notice  of  intention  to  make  final  proof  is  necessary,  and  no  final 
homestead  fees  are  to   be  paid  or  collected. 

Warrants  and  scrip,  made  receivable  by  law  for  lands  subject  to 
sale  at  private  entry,  or  in  commutation  of  homestead  or  pre-emp- 
tion rights,  and  certificates  of  deposit  on  account  of  surveys,  will 
be  deemed  receivable  for  lands  purchased  under  the  act  of  June  15, 
1880. 


\QQ  PUBLIC    LANDS 

The  existing  rule  miist,  ho^sver,  be  observed,  that  where  the- 
value  of  warrants  or  scrip  exceeds  that  of  the  land  entered  there- 
with, no  repayment  is  authorized,  but  the  warrant  (5r  scrip  applied 
must  be  fully  surrendered.  In  such  case  there  would  be  no  claim 
for  repayment  on  account  of  the  fee  and  commissions  paid  on  the 
oris'inal  homestead  entry. 

There  is  a  class  of  homesteads  designated  as  "  adjoining  farm 
homesteads."  In  these  cases  the  law  allows  an  applicant^  oivjiing 
and  residing  on  an  original  farm  to  enter  other  land  lying  con- 
tiguous thereto,  which  shall  not,  with  such  farm,  exceed  in  the 
aggregate  160  acres. 

For  provisions  for  the  lenefit  of  soldiers  and  sailors  of  the  late 
war,  their  willows  and  minor  orphan  children,  see  sections  2304, 
2305,  2306,  2307,  2308  and  2309 

The  following  proof  will  be  required  of  parties  applying  for  the 
benefits  of  sections  2304,  2305,  and  2307,  in  addition  to  the  pre- 
scribed affidavit  of  the  applicant: 

1st.  Certified  copy  of  certificate  of  discharge,  showing  when  the 
party  enlisted  and  when  he  was  discharged;  or  the  affidavit  of  two 
respectable,  disinterested  witnesses  corroborative  of  the  allegations 
contained  in  the  prescribed  affidavit  on  these  points,  or,  if  neither 
can  be  procured,  the  party's  affidavit  to  that  effect. 

2d.  In  case  of  widows,  the  prescribed  evidence  of  military  ser- 
vice of  the  husband  as  above,  with  affidavit  of  widowhood,  giving 
date  of  the  husband's  death. 

3d.  In  case  of  minor  orphan  children,  in  addition  to  the  prescribed 
evidence  of  military  service  of  the  father,  proof  of  death  or  mar- 
riage of  the  mother.  Evidence  of  death  may  be  the  testimony  of 
two  witnesses  or  certificate  of  a  physician  duly  attested.  Evidence 
of  marriage  may  be  certified  copy  of  marriage  certificate,  or  of  the 
record  of  same,  or  testimony  of  two  witnesses   to   the  marriage 

ceremony. 

The  register  and  receiver  will  be  allowed  to  charge  one  dollar 
each  for  receiving  and  filing  the  initiatory  declaration  of  the  par- 
ties in  cases  where  such  declarations  are  filed.  In  the  States  and 
Territories  for  which  50  per  centum,  additional  is  allowed  by  the 
twelfth  subdivision  of  section  2238  of  the  Revised  Statutes,  the 
additional  allowance  will  apply  to  the  fee  herein  named;  viz.,  Cal- 
itbrnia,  Oregon,  Washington,  Nevada,  Colorado,  Idaho,  New 
Mexico,  Arizona,  Utah,  Wyoming  and  Montana. 

An  Indian  desiring  to  enter  public  land  under  this   act    must 


AXD    REGULATIONS.  167 

make  application  to  the  register  and  receiver  of  the  proper  district 
land-office;  also  an  affidavit  setting  forth  the  fact  of  his  Indian 
character;  that  he  Avas  born  in  the  United  States;  that  he  is  the 
liead  of  a  family  or  has  arrived  at  the  age  of  twentj-one  years;  that 
he  has  abandoned  his  tribal  relations  and  adopted  the  habits  and 
pursuits  of  civilized  life,  and  this  must  be  corroborated  by  the 
affidavits  of  two  or  more  disinterested  witnesses. 

If  no  objection  appears,  the  register  and  receiver  will  then  per- 
mit him  to  enter  the  tract  desired  according  to  existing  regulations, 
so  far  as  applicable,  under  the  homestead  law,  the  register  writing 
across  the  face  of  the  application  the  words  "  Indian  liomestead — 
act  of  March  3,  1875." 

All  lands  obtained  under  the  homestead  laws  are  exempt  from 
liability  for  debts  contracted  prior  to  the  issuing  of  patent  therefor. 

Desert  Lands. 

By  desert  lands  is  meant  a  class  of  lands  which  will  not,  without 
irrigation,  produce  an \' agricultural  crop.  Land  along  streams  and 
around  bodies  of  water  which  produces  grass  suitable  for  liaj^  with- 
out artificial  irrigation  is  not  desert  land  within  the  meaning  of  the 
law,  and  such  lands  are  not  subject  to  desert  entry.  Title  to  desert 
lands  in  any  of  the  following  States  and  Territories  may  be  acquired 
under  the  act  of  Congress  of  March  3,  1877;  viz.,  The  States 
of  California^  Oregon^  and  N^evackc  and  the  Territories  of  Wash- 
ington, Idaho,  Montana,  Utah,  Wyoming,  Arizo7ia,  New  Mexico, 
and  Dakota.  Any  party  desiring  to  avail  himself  thereof  must  file 
with  theregisterandreceiver  of  the  proper  district  land-office  a  dec- 
laration in  form  prescribed,  which  must  be  under  oath,  and  may  be 
executed  before  either  the  register  or  receiver  or  the  clerk  of  any 
court  of  record  having  a  seal.  It  must  be  set  forth  that  the  applicant 
is  a  citizen  of  the  United  States,  or  that  lie  has  declared  his  intention 
to  become  such,  in  which  case  a  duly  certified  copy  of  his  declara- 
tion of  intention  to  become  a  citizen  must  be  presented  and  filed. 
It  must  also  be  set  up  that  the  applicant  has  made  no  other  declara- 
tion for  desert  lands  under  the  provisions  of  this  act,  and  that  he 
intends  to  reclaim  the  tract  of  land  applied  for,  not  exceeding  one 
section,  by  conducting  water  thereon  within  three  j'-ears  from  the 
date  of  liis  declaration.  The  declaration  must  also  contain  a 
description  of  the  land  applied  for,  by  legal  subdivisions  if  surveyed, 
or  if  unsurveyed  as  nearly  as  possible  without  a  survey,  by  giv- 
ing, with  as  much  clearness  and  precision  as  possible,  the  locality 


168  PUBLIC    LAND 

of  the  tract  with  reference  to  known  and  conspicuous  landmarlcs 
or  the  established  lines  of  survey,  so  as  to  admit  of  its  being 
thereafter  readily  identified  when  the  lines  of  survey  come  to  be 
extended.     The  law  requires  desert  entries  to  be  compact  in  form. 

Town  Sites. 

There  are  two  methods  by  which  title  to  such  town  property  may 
be  acquired,  subject  to  the  election  of  parties  desiring  to  do  so ; 
one  provided  for  in  sections  2382,  2383,  2384,  and  2385,  and  the 
other  in  sections  2387,  2388,  and  2389  of  the  Revised  Statutes  of 
the  United  States.  The  first  method  limits  the  extent  of  the  area 
of  the  city  or  town  to  640  acres,  to  be  laid  off  into  lots,  and  which, 
after  filing  in  the  General  Land-Office  the  transcript,  statement, 
and  testimony  required  by  section  2382,  are  to  be  offered  at  public 
sale  to  the  highest  bidder,  at  a  minimum  of  ten  dollars  for  each 
lot.  Lots  not  thus  disposed  of  are  made  thereafter  liable  to  private 
entry  at  said  minimum,  or  at  such  reasonable  price  as  the  Secre- 
tary of  the  Interior  may  order  from  time  to  time,  as  the  municipal 
property  may  increase  or  decrease,  after  at  least  three  mouths' 
notice. 

A  privilege,  however,  is  granted  ti>  any  actual  settler  upon  any 
<?n.6  lot  of  pre-empting  that,  and  any  additional  lot  on  which  he 
may  have  "  substantial  improvements,"  at  said  minimum,  at  any 
time  before  the  day  fixed  for  the  public  sale. 

There  are,  however,  certain  preliminary  conditions  to  be  com- 
plied with  in  order  to  the  enjoyment  of  the  privileges  granted  in 
this  section.  Parties  who.  have  already  founded,  or  may  hereafter 
found,  a  city  or  town  are  required — 

1st.  To  file  with  the  recorder  of  the  county  in  which  the  town 
or  city  is  situate  a  plat  thereof,  not  exceeding  640  acres,  describing 
its  exterior  boundaries  according  to  the  lines  of  the  public  surveys, 
where  snch  surveys  have  been  executed. 

2d.  Also  the  plat  or  map  of  such  6ity  or  town  must  exhibit  the 
name  of  the  city  or  town,  the  streets,  squares,  blocks,  lots,  and 
alleys;  the  size  of  the  same,  with  measurements  and  area  of  each 
municipal  subdivision,  the  lots  in  which  shall  each  not  exceed 
4,200  square  feet,  with  a  statement  of  tlie  extent  and  general  char- 
acter of  improvements. 

3d.  Further,  the  said  map  and  statement  to  be  verified  by  oath 
by  the  iiartv  acting  for  and  in  the  behalf  of  the  founders  of  the  city 
or  town. 


LAWS. 


Ifi9 


4th.  Within  one  month  after  filing  the  map  or  plat  with  the 
recorder  of  the  county  a  verified  copy  of  said  map  and  statement  i^ 
to  be  sent  to»the  General  Land-Office,  accompanied  by  the  testi- 
mony of  two  witnesses  that  such  city  or  town  has  been  established 
in  good  faith. 

5th.  Where  the  city  or  town  is  within  the  limits  of  an  organized 
land  district,  a  similar  copy  of  the  map  and  statement  must  be 
filed  with  the  register  and  receiver. 

Sections  2387,  2388,  and  2389  grant  to  the  inhabitants  of  cities 
and  towns  on  the  public  lands  the  privilege  of  entering  the  lands 
occupied  as  town  sites  at  the  minimum  price  of  one  dollar  and 
twenty-five  cents  per  acre,  through  the  corporate  authorities  of 
such  towns  and  cities,  or  the  judges  of  the  county  courts,  acting  as 
trustees  for  the  occupants  thereof. 

This  privilege  is  granted  where  such  mode  of  obtaining  title  to 
town  property  is  preferred  to  that  provided  in  sections  2382,  2383, 
2384,  and  2385,  which  are  not  repealed  by  the  former  sections. 
The  inhabitants  of  these  towns  or  cities  are  limited,  however ,  to 
one  or  the  other  of  the  modes  provided  in  these  statutes,  and  can- 
not commence  proceedings  under  both  systems. 

liAWS    REGUIiATING    THE   SALE,  PURCHASE  AND 
OCCUPANCY  OF  THE  PUBLIC  LANDS. 


From  the  Revised  Statutes  of  the  United  States. 


[No.    L] 


Sec.  453.  The  Commissioner  of  the  General  Land-Office  shall 
perlbrm,  under  the  direction  of  the  Secretary  of  the  Interior,  all 
executive  duties  appertaining  to  the  surveying  and  sale  of  the 
public  lands  of  the  United  States,  or  in  any  wise  respecting  sucli 
public  lands,  and,  also,  such  as  relate  to  private  claims  of  land,  and 
the  issuing  of  patents  for  all  agents  [grants]  of  land  under  the 
authoritv  of  the  Government. 


170  PUBLIC    LAND 

THE  PUBLIC  LANDS. 

Registers  and  Receivers. 

Section  2234.  There  shall  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  a  register  of  the 
land-office  and  a  receiver  of  public  moneys,  for  each  land  district 
established  by  law. 

Sec.  2235.  Every  register  and  receiver  shall  reside  at  the  place 
where  the  land-office  for  which  he  is  appointed  is  directed  by  law 
to  be  kept. 

Sec  2236.  Every  register  and  receiver  shall,  before  entering 
on  the  duties  of  his  office,  give  bond  in  the  penal  sum  of  ten 
thousand  dollars,  with  approved  security,  for  the  faithful  discharge 
of  his  trust. 

Sec.  2237.  Every  register  and  receiver  shall  be  allowed  an  an- 
nual salary  of  five  hundred  dollars 

Sec.  2238.  Registers  and  receivers,  in  addition  to  their  sala- 
ries, shall  be  allowed  each  the  following  fees  and  commissions, 
namely  : 

First.  A  fee  of  one  dollar  for  each  declaratory  statement  filed, 
and  for  services  in  acting  on  pre-emption  claims. 

Second,  A  commission  of  one  per  centum  on  all  moneys  re- 
ceived at  each  receiver's  office. 

Third.  A  commission  to  be  paid  by  the  homestead  applicant, 
at  the  time  of  entry,  of  one  per  centum  on  the  cash  price,  as  fixed 
by  law,  of  the  land  applied  for  ;  and  a  like  commission  when  the 
claim  is  finally  established,  and  the  certificate  therefor  issued  as 
the  basis  of  a  patent. 

Fourth.  The  same  commission  on  lands  entered  under  any  law 
to  encourage  the  growth  of  timber  on  Western  prairies,  as  allowed 
when  the  like  quantity  of  land  is  entered  with  money. 

Fifth  For  locating  military  bounty-land  warrants  issued  since 
the  eleventh  day  of  February,  eighteen  hundred  and  forty-seven, 
and  for  locating  agricultural  college  land-scrip,  the  same  commis- 
sion to  be  paid  by  the  holder  or  assignee  of  each  warrant  oi  scrip 
as  is  allowed  for  sales  of  the  public  lands  for  cash,  at  the  rate  of 
one  dollar  and  twenty-five  cents  per  acre. 

Sixth.  A  fee,  in  donation  cases,  of  five  dollars  for  each  final 
certificate  for  one  hundred  and  sixty  acres  of  land;  ten  dollars  for 
three  hundred  and  twenty  acres;  and  fifteen  dollars  for  six  hundred 
and  fortv  acres. 


LAWS.  171 

Seventh.  In  the  location  of  lands  by  States  and  corporations 
under  grants  from  Congress  for  railroads  and  other  purposes 
(except  for  agricultural  colleges),  a  fee  of  one  dollar  for  each  final 
location  of  one  hundred  and  sixty  acres;  to  be  paid  by  the  State  or 
corporation  making  such  location. 

Eighth.  A  fee  of  five  dollars  per  diem  for  superintending  public- 
land  sales  at  their  respective  offices;  [and  to  each  receiver,  mileage 
in  going  to  and  returning  from  depositing  the  public  moneys  re- 
ceived by  him.]* 

Ninth.  A  fee  of  five  dollars  for  filing  and  acting  upon  eacli 
application  for  patent  or  adverse  claim  filed  for  mineral  lands,  to 
be  paid  by  the  respective  parties. 

Tenth.  Registers  and  receivers  are  allowed,  jointly,  at  the  rate 
of  fifteen  cents  per  hundred  words  for  testimony  reduced  by  them 
to  writing  for  claimants,  in  establishing  pre-emption  and  home- 
stead rights. 

Eleventh.  A  like  fee  as  provided  in  the  preceding  subdivision 
when  such  writing  is  done  in  the  land-office,  in  establishing  claims 
for  mineral  lands. 

Twelfth.  Registers  and  receivers  in  California,  Oregon,  Wash- 
ington, Nevada,  Colorado,  Idaho,  New  Mexico,  Arizona,  Utah, 
Wyoming,  and  Montana  are  each  entitled  to  collect  and  receive 
fifty  per  centum  on  the  fees  and  commissions  provided  for  in  the 
first,  third,  and  tenth  subdivisions  of  this  section. 

Sec.  2239.  The  register  for  any  consolidated  land  district,  in 
addition  to  the  fees  now  allowed  by  law,  shall  be  entitled  to  charge 
and  receive  for  making  transcripts  for  individuals,  or  furnishing 
any  other  record  information  respecting  public  lands  or  land-titles 
in  his  consolidated  land  district,  such  fees  as  are  properly  author- 
ized by  the  tarifi  existing  in  the  local  courts  of  his  district;  and  the 
receiver  shall  receive  his  equal  share  of  such  fees,  and  it  shall  be 
his  duty  to  aid  the  register  in  the  preparation  of  the  transcripts, 
or  giving  the  desired  record  information. 

Sec.  2240.  The  compensation  of  registers  and  receivers,  in- 
cluding salary,  fees,  and  commissions,  shall  in  no  case  exceed  in 
the  aggregate  three  thousand  dollars  a  year,  each;  and  no  register 
or  receiver  shall  receive  for  any  one  quarter  or  fractional  quarter 
more  than  a  pro  rata  allowance  of  such  maximum. 

Sec.  2241.     Whenever  the  amount  of  compensation  received  at 

*Part  in  brackets  repealed.  Actual  expenses  only  allowed.  Act  June  16,  1874, 
Stats.,  vol.  18.  p.  72.  * 


172  PUBLIC    LAND 

any  land-oflSce  exceeds  the  maximum  allowed  by  law  to  any  register 
or  receiver,  the  excess  shall  be  paid  into  the  Treasury,  as  other 
public  moneys. 

Sec.  224:2.  No  register  or  receiver  shall  receive  any  compensa- 
tion out  of  the  Treasury  for  past  services  who  has  charged  or 
received  illegal  fees;  and,  on  satisfactory  proof  that  either  of  such 
officers  has  charged  or  received  fees  or  other  rewards  not  author- 
ized by  law,  he  shall  be  forthwith  removed  from  office. 

Sec.  2243.  The  compensation  of  registers  and  receivers,  both 
for  salary  and  commissions,  shall  commence  and  be  calculated  from 
the  time  they,  respectively,  enter  on  the  discharge  of  their  duties. 

Sec.  22M.  All  registers  and  receivers  shall  be  appointed  for 
the  term  of  four  years,  but  shall  be  removable  at  pleasure. 

Sec.  2245.  The  receivers  shall  make  to  the  Secretary  of  the 
Treasury  monthly  returns  of  the  moneys  received  in  their  severa 
offices,  and  pay  over  such  money  pursuant  to  his  instructions.  And 
they  shall  also  make  to  the  Commissioner  of  the  Greneral  Land- 
Office  like  monthly  returns,  and  transmit  to  him  quarterly  accounts- 
current  of  the  debits  and  credits  of  their  several  offices  with  the 
United  States. 

Sec.  2246.  The  register  or  receiver  is  authorized,  and  it  shall  be 
their  duty,  to  administer  any  oath  required  by  law  or  the  instruc- 
tions of  the  G-eneral  Land-Office,  in  connection  with  the  entry  or 
purchase  of  any  tract  of  the  public  lands;  but  he  shall  not  charge 
or  receive,  directly  or  indirectly,  any  compensation  for  administer^ 
ing  such  oath. 

Sec.  2247.  If  any  person  applies  to  any  register  to  enter  any  land 
whatever,  and  the  register  knowingly  and  falsely  informs  the  person 
so  applying  that  the  same  has  already  been  entered,  and  refuses 
to  permit  the  person  so  applying  to  enter  the  same,  such  register 
shall  be  liable  therefor  to  the  person  so  applying,  for  $5  for  each 
acre  of  land  which  the  person  so  applying  offered  to  enter,  to  be 
recovered  by  action  of  debt  in  any  court  of  record  having  jurisdic- 
tion of  the  amount. 


Pre-Emptions. 

Sec.  2257.  All  lands  belonging  to  the  United  States,  to  which 
the  Indian  title  has  been  or  may  hereafter  be  extinguished,  shall 
be  subject  to  the  right  of  pre-emption,  under  the  conditions, 
restrictions,  and  stipulations  provided  by  law. 


ij^ws.  173 

Sec.  2258.  The  following  classes  of  lands,  unless  '  otherwise 
specially  provided  for  by  law,  shall  not  be  subject  to  the  rights  of 
pre-emption,  to  wit: 

First.  Lands  included  in  any  reservation  by  any  treaty,  law,  or 
proclamation  of  the  President,  for  any  purpose. 

Second,  Lands  included  within  the  limits  of  any  incorporated 
town,  or  selected  as  the  site  of  a  city  or  town. 

Third.  Lands  actually  settled  and  occupied  for  purposes  of 
trade  and  business  and  not  for  agriculture. 

Fourth.  Lands  on  which  are  situated  any  known  salines  or 
mines. 

Sec.  2259.  Every  person,  being  the  head  of  a  family,  or  widow, 
or  single  person,  over  the  age  of  twenty-one  years,  and  a  citizen  of 
the  United  States,  or  having  filed  a  declaration  of  intention  to  be- 
come such,  as  required  by  the  naturalization  laws,  who  has  made, 
or  hereafter  makes,  a  settlement  in  person  on  the  public  lands 
subject  to  pre-emption,  and  who  inhabits  and  improves  the  same, 
and  who  has  erected,  or  shall  erect,  a  dwelling  thereon,  is  authorized 
to  enter  with  the  register  of  the  land-office  for  the  district  in  which 
such  land  lies,  by  legal  subdivisions,  any  number  of  acres  not 
exceeding  160,  or  a  quarter-section  of  land,  to  include  the  residence 
of  sucli  claimant,  upon  paying  to  the  United  States  the  minimum 
price  of  such  land. 

Sec.  2260.  The  ifollowing  classes  of  persons,  unless  otherwise 
specially  provided  for  by  law,  shall  not  acquire  any  right  of  pre- 
emption under  the  provisions  of  the  preceding  sections,  to  wit: 

First.  No  person  who  is  the  proprietor  of  320  acres  of  land  in 
any  State  or  Territory. 

Second.  No  person  who  quits  or  abandons  his  residence  on  his 
own  land  to  reside  on  the  public  land  in  the  same  State  or  Terri- 
tory. 

Sec.  2261.     No  person  shall  be  entitled  to  more  than  one  pre- 
emptive right  by  virtue  of  the  provisions  of  section  2259;    nor 
where  a  party  has  filed  his  declaration  of  intention  to  claim  the 
benefits  of  such  provisions,  for  one  tract  of  land,  shall  he  file,   at 
'  any  future  time,  a  second  declaration  for  another  tract 
I       Sec.  2262.     Before  any  person  claiming  the  benefit  of  this  chap- 
}  ter  is  allowed  to  enter  lands,  he  shall  make  oath  before  the  receiver 
;  or  register  of  the  land  district  in  which  the  land  is  situated  that  he 
I  has  never  had  the  benefit  of  any  right  of  pre-emption  under  section 
I  2259;  that  he  is  not  the  r)wner  of  320  acres  of  land  in  any  State  or 


174  PUBLIC    LAND 

Territory ;  that  he  has  not  settled  upon  and  improved  such  land 
to  sell  the  same  on  speculation,  but  in  good  faith  to  appropriate  it 
to  his  own  exclusive  use;  and  that  he  has  not,  directly  or  indirectly, 
made  any  agreement  or  contract,  in  any  way  or  manner,  with 
any  ]3erson  whatever,  by  which  the  title  which  he  might  acquire 
from  the  Government  of  the  United  States  should  inure,  in  whole 
or  in  part,  to  the  benefit  of  any  person  except  himself;  and  if  any 
person  taking  such  oath  swears  falsely  in  the  premises,  he  shall 
forfeit  the  money  which  he  may  have  paid  for  such  land,  and  all 
right  and  title  to  the  same ;  and  any  grant  or  conveyance  which  he 
may  have  made,  except  in  the  hands  of  hona-jide  purchasers,  for  a 
valuable  consideration,  shall  be  null  and  void,  except  as  provided 
in  section  2288.  And  it  shall  be  the  duty  of  the  officer  administer- 
ing such  oath  to  file  a  certificate  thereof  in  the  public  land-office 
of  such  district,  and  to  transmit  a  duplicate  copy  to  the  General 
Land-Office,  either  of  which  shall  be  good  and  sufficient  evidence 
that  such  oath  was  administered  according  to  law. 

Sec.  2263.  Prior  to  any  entries  being  made  under  and  by  virtue 
of  the  provisions  of  section  2259,  proof  of  the  settlement  and  im- 
provement thereby  required  shall  be  made  to  the  satisfaction  of 
the  register  and  receiver  of  the  land-district  in  which  such  lands 
lie,  agreeably  to  such  rules  as  may  be  prescribed  by  the  Secretary 
of  the  Interior;  and  all  assignments  and  transfers  of  the  right 
hereby  secured,  prior  to  the  issuing  of  tlie  patent,  shall  be  null 
and  void. 

Sec.  2264.  When  any  person  settles  or  improves  a  tract  of  land 
subject  at  the  time  of  settlement  to  private  entry,  and  intends  to 
purchase  the  same  under  the  preceding  provisions  of  this  chapter, 
he  shall,  within  thirty  days  after  the  date  of  such  settlement,  file 
with  the  register  of  the  proper  district  a  written  statement,  de- 
scribing the  land  settled  upon,  and  declaring  his  intention  to  claim 
the  same  under  the  pre-emption  laves;  and  he  shall,  moreover, 
within  twelve  months  after  the  date  of  such  settlement,  make  the 
proof,  affidavit,  and  payment  hereinbefore  required.  If  he  fails  to 
file  snch  written  statement,  or  to  make  such  affidavit,  proof,  and 
payment  within  the  several  periods  named  above,  the  tract  of  land 
so  settled  and  improved  shall  be  subject  to  the  entry  of  any  other 
])urchaser. 

Sec.  2265.  Every  claimant  under  the  pre-emption  law  for  land 
not  yet  proclaimed  for  sale  is  required  to  make  known  his  claims 
in  writing  to  the   register  of    the   proper  land-oftice   within    three 


LAWS.  175 

months  from  the  time  of  the  settlement,  giving  the  designation  (.)f 
the  tract,  and  the  time  of  settlement;  otherwise  his  claim  shall  be 
forfeited  and  the  tract  awarded  to  the  next  settler,  in  the  order  of 
time,  on  the  same  tract  of  land,  who  has  given  sucli  notice  and 
otherwise  complied  with  the  conditions  of  the  law. 

Sec.  2266.  In  regard  to  settlements  which  are  authorized  upon 
unsurveyed  lands,  the  pre-emption  claimant  shall  be  in  all  cases 
required  to  file  his  declaratory  sta-tement  within  three  months 
from  the  date  of  the  receipt  at  the  district  land-office  of  the  ap- 
proved plat  of  the  township  embracing  such  pre-emption  settle- 
ment. 

Sec.  226T.  All  claimants  of  pre-emption  rights,  under  the  two 
preceding  sections,  shall,  when  no  shorter  time  is  prescribed  by 
law,  make  the  proper  proof  and  payment  for  the  land  claimed 
within  thirty  months  after  the  date  prescribed  therein,  respect- 
ively, for  filing  their  declaratory  notices,  has  expired. 

Sec.  2268.  Where  a  pre-emptor  has  taken  the  initiatory  steps 
required  by  law  in  regard  to  actual  settlement,  and  is  called  away 
from  such  settlement  by  being  engaged  in  the  military  or  naval 
service  of  the  United  States,  and  by  reason  of  such  absence  is 
unable  to  appear  at  the  district  land-office  to  make  before  the 
register  or  receiver  the  affidavit,  proof,  and  payment,  respectively, 
required  by  the  preceding  provisions  of  this  chapter,  the  time  for 
filing  such  affidavit  and  making  final  proof  and  entry  or  location 
shall  be  extended  six  months  after  the  expiration  of  his  term  of 
service,  upon  satisfactory  proof  by  affidavit,  or  the  testimony  of 
witnesses,  that  such  pre-emptor  is  so  in  the  service,  being  filed 
with  the  register  of  the  land-office  for  the  district  in  which  his 
settlement  is  made. 

Sec.  2269.  Where  a  party  entitled  to  claim  the  benefits  of  the 
pre-emption  laws  dies  before  consummating  his  claim,  by  filing  in 
due  time  all  the  papers  essential  to  the  establishment  of  the  same, 
it  shall  be  competent  for  the  executor  or  administrator  of  the 
estate  of  such  party,  or  one  of  his  heirs,  to  file  the  necessary  papers 
to  complete  the  same;  but  the  entry  in  such  cases  shall  be  made  in 
favor  of  the  heirs  of  the  deceased  pre-emptor,  and  a  patent  thereon 
shall  cause  the  title  to  inure  to  such  heirs,  as  if  their  names  had 
been  specially  mentioned. 

Sec  2270.  Whenever  the  vacancy  of  the  office,  either  of  register 
or  receiver,  or  of  both,  renders  it  impossible  for  the  claimant  to 
.comply  with  any  requisition  of  the  pre-emption  laws  within  the 


176  PUBLIC    LAND 

appointed  time,  such  vacancy  shall  not  operate  to  tlie  detriment 
of  the  party  claiming,  in  respect  to  any  matter  essential  to  the 
establishment  of  his  claim ;  but  such  requisition  must  be  complied 
with  within  the  same  period  after  the  disability  is  removed  as 
would  have  been  allowed  had  such  disability  not  existed. 

Sec.  2271.  The  provisions  of  this  chapter  shall  be  so  construed 
as  not  to  confer  on  any  one  a  right  of  pre-emption,  by  reason  of 
a  settlement  made  on  a  tract  theretofore  diposed  of.  when  such  dis- 
posal has  not  been  confirmed  by  the  General  Land- Office,  on 
account  of  any  alleged  defect  therein. 

Sec.  2272.  Nothing  in  the  provisions  of  t-his  chapter  shall  be 
construed  to  preclude  any  person,  who  may  have  filed  a  notice  of 
intention  to  claim  any  tract  of  land  by  pre-emption,  from  the  right 
allowed  by  law  to  others  to  purchase  such  tract  by  private  entry 
after  the  expiration  of  the  right  of  pre-emption. 

Sec.  2273.  When  two  or  more  persons  settle  on  the  same  tract 
of  land,  the  right  of  pre-emption  shall  be  in  liim  who  made  the 
first  settlement,  provided  such  person  conforms  to  the  other  pro- 
visions of  the  law;  and  all  questions  as  to  the  right  of  pre-emp- 
tion arising  between  different  settlers  shall  be  determined  by  the 
register  and  receiver  of  the  district  within  which  the  land  is  situ- 
ated; and  appeals  from  the  decision  of  district  officers,  in  cases  of 
contest  for  the  right  of  pre-emption,  shall  be  made  to  the  Com- 
missioner of  the  G-eneral  Land-Office,  whose  decision  shall  be 
final,  unless  appeal  therefrom  be  taken  to  the  Secretary  of  the 
Interior. 

Sec.  2274.  When  settlements  have  been  made  upon  agricult- 
ural public  lands  of  the  United  States  prior  to  the  survey  thereof, 
and  it  has  been,  or  shall  be,  ascertained,  after  the  public  surveys 
have  been  extended  over  such  lands,  that  two  or  more  settlers 
have  improvements  upon  the  same  legal  subdivision,  it  shall  be 
lawful  for  such  settlers  to  make  joint  entry  of  their  lands  at  the 
local  land-office,  or  for  either  of  said  settlers  to  enter  into  contract 
with  his  co-settlers  to  convey  to  them  their  portion  of  said  land 
after  a  patent  is  issued  to  him,  and,  after  making  such  contract, 
to  file  a  declaratory  statement  in  his  own  name,  and  prove  up  and 
pay  for  said  land,  and  proof  of  joint  occupation  by  himself  and 
others,  and  of  such  contract  with  them  made,  shall  be  equivalent 
to  proof  of  solo  occupation  and  pre-emption  by  tlie  ai)plicant: 
Prryvided,  That  in  no  case  shall  the  amount  patented  under  this 
section  exceed  one  hundred  and  sixty  acres,  nor  shall  this  section 
apply  to  lands  not  subject  to  homestead  or  pre-emption  entry. 


LAWS.  177 

Sec.  2275.  Where  settlements,  with  a  view  to  pre-emption, 
have  been  made  before  the  survey  of  lands  in  the  field,  which  are 
found  to  have  been  made  on  sections  sixteen  and  thirty- six,  those 
sections  shall  be  subject  to  the  pre-emption  claim  of  such  settler; 
and  if  they,  or  either  of  them,  have  been  or  shall  be  reserved  or 
pledged  for  the  use  of  schools  or  colleges  in  the  State  or  Terri- 
tory in  which  the  lands  lie,  other  lands  of  like  quantity  are  appro- 
priated in  lieu  of  such  as  may  be  patented  by  pre-emptors;  and 
other  lands  are  also  appropriated  to  compensate  deficiencies  for 
school  purposes,  where  sections  sixteen  and  thirty-six  are  fractional 
in  quantity,  or  where  one  or  both  are  wanting  by  reason  of  the 
township  being  fractional,  or  from  any  natural  cause  whatever. 

Sec.  2276.  The  lands  appropriated  by  the  preceding  section 
shall  be  selected,  within  the  same  land  district,  in  accordance  with 
the  following  principles  of  adjustment,  to  wit:  For  each  town- 
ship or  fractional  township  containing  a  greater  quantity  of  land 
than  three  quarters  of  an  entire  township,  one  section;  for  a  frac- 
tional township  containing  a  greater  quantity  of  land  than  one  half, 
and  not  more  than  three  quarters,  of  a  township,  three  quarters 
of  a  section;  for  a  fractional  township  containing  a  greater  quantity 
of  land  than  one  quarter,  and  not  more  than  one  half,  of  a  town- 
ship, one  half  section;  and  for  a  fractional  township  containing  a 
greater  quantity  of  land  than  one  entire  section,  and  not  more 
than  one  quarter  of  a  township,  one  quarter-section  of  land. 

Sec.  2277.  All  warrants  for  military  bounty  lands  which  are 
issued  under  any  law  of  the  United  States  shall  be  received  in 
payment  of  pre-emption  rights  at  the  rate  of  one  dollar  and  twenty- 
five  cents  per  acre,  for  the  quantity  of  land  therein  specified ;  but 
where  the  land  is  rated  at  one  dollar  and  twenty-five  cents  per  acre, 
and  does  not  exceed  the  area  specified  in  the  warrant,  it  must  be 
taken  in  full  satisfaction  thereof. 

Sec.  2278.  Agricultural  college  scrip,  issued  to  any  State  under 
the  act  approved  July  second,  eighteen  hundred  and  sixty-two,  or 
acts  amendatory  thereof,  shall  be  received  from  actual  settlers  in 
payment  of  pre-emption  claims  in  the  same  manner  and  to  the 
same  extent  as  authorized  iu  case  of  military  bounty-land  war- 
rants, by  the  preceding  section. 

Sec.  2279.  No  person  shall  have  the  right  of  pre-emption  to 
more  than  one  hundred  and  sixty  acres  along  the  line  of  the  rail- 
roads within  the  limits  granted  by  any  act  of  Congress. 

Sec.  2280.  Any  settler  on  lands  heretofore  reserved  on  account 
12 


178  PUBLIC  ixAJ!n> 

of  claims  under  French,  Spanish,  or  other  grants,  which  have  been, 
or  jnay  be,  hereafter  dechired  by  the  Supreme  Court  of  the  United 
States  to  be  invalid,  shall  be  entitled  to  all  the  rights  of  pre  emp- 
tion  granted  by  the  preceding  provisions  of  this  chapter,  after  the 
lands  have  been  released  from  reservation,  in  the  same  manner  as 
if  no  reservation  had  existed. 

Sec.  2281  All  settlers  on  public  lands  which  have  been  or 
may  be  withdrawn  from  market  in  consequence  of  proposed  rail- 
roads, and  who  had  settled  thereon  prior  to  such  withdrawal,  shall 
be  entitled  to  pre-emption  at  the  ordinary  minimum  to  the  lands 
settled  on  and  cultivated  by  them;  but  they  shall  file  the  proper 
notices  of  their  claims  and  make  proof  and  payment  as  in  other 
cases. 

Sec.  2282.  Nothing  contained  in  this  chapter  shall  delay  the 
sale  of  any  of  the  public  lands  beyond  the  time  appointed  by  the 
proclamation  of  the  President. 

Sec.  2283.  The  Osage  Indian  trust  and  diminished  reserve 
lands  in  the  State  of  Kansas,  excepting  the  sixteenth  and  thirty- 
sixth  sections  in  each  township,  shall  be  subject  to  disposal,  for 
cash  only,  to  actual  settlers,  in  quantities  not  exceeding  one  hun- 
drefl  and  sixty  acres,  or  one-quarter  section  to  each  in  compact 
form,  in  accordance  with  the  general  principles  of  the  pre-emption 
laws,  under  the  direction  of  the  Commissioner  of  the  General 
Land-Office;  but  claimants  shall  file  their  declaratory  statements 
as  prescribed  in  other  cases  upon  unoflered  lands,  and  shall  pay  for 
the  tracts,  respectively,  settled  upon  within  one  year  from  date  of 
settlement  where  the  plat  of  survey  is  on  file  at  that  date,  and 
within  one  year  from  the  filing  of  the  township  plat  in  the  district 
office  where  such  plat  is  not  on  file  at  date  of  settlement. 

Sec.  2284.  The  sale  or  transfer  of  his  claim  upon  any  portion 
of  these  lands  by  any  settler  prior  to  the  twenty-sixth  day  of  April, 
eighteen  hundred  and  seventy-one,  shall  not  operate  to  preclude 
the  right  of  entry,  under  the  provisions  of  the  preceding  section, 
upon  another  tract  settled  upon  subsequent  to  such  sale  or  trans- 
fer; but  satisfactory  proof  of  good  faith  must  be  furnished  upon 
such  subsequent  settlement. 

Sec.  2285.  The  restrictions  of  the  pre-emption  laws,  contained 
in  sections  2260  and  2261,  shall  not  apply  to  any  settler  on  the 
Osage  Indian  trust  and  diminished-reserve  lands  in  the  State  of 
Kansas,  who  was  actually  residing  on  his  claim  on  the  ninth  day 
of  May,  eighteen  hundred  and  seventy-two. 


LAWS.  179 

Sec.  2286.  There  shall  be  granted  to  the  several  counties  or 
parishes  of  each  State  and  Territory,  where  there  are  public  lands, 
at  the  minimum  price  for  which  public  lands  of  the  United  States 
are  sold,  the  right  of  pre-emption  to  one  quarter-section  of  land, 
ill  each  of  the  counties  or  parishes,  in  trust  for  such  counties  or 
parishes,  respectively,  for  the  establishment  of  seats  of  justice 
therein;  but  the  proceeds  of  the  sale  of  each  such  quarter- section 
shall  be  appropriated  for  the  purpose  of  erecting  public  buildings 
in  the  county  or  parish  for  which  it  is  located,  after  deducting 
therefrom  the  amount  originally  paid  for  the  same.  And  the  seat 
of  justice  for  such  counties  or  parishes,  respectively,  shall  be  fixed 
previously  to  a  sale  of  the  adjoining  lands  within  the  county  or 
parish  for  which  the  same  is  located. 

Sec.  2287.  Any  hona-fide  settler  under  the  homestead  or  pre- 
emption laws  of  the  United  States  who  has  filed  the  proper  appli- 
cation to  enter  not  to  exceed  one  quarter-section  of  the  public  lands 
in  any  district  land-office,  and  who  has  been  subsequently  ap- 
pointed a  register  or  receiver,  may  perfect  the  title  to  the  land 
under  the  pre-emption  laws  by  furnishing  the  proofs  and  making 
the  payments  required  by  law,  to  the  satisfaction  of  the  Com 
missioner  of  the  General  Land-Office. 

Sec.  2288.  Any  person  who  has  already  settled  or  hereafter 
may  settle  on  the  public  lands,  either  by  pre-emption  or  by  virtue 
of  the  homestead  law  or  any  amendments  thereto,  shall  have  the 
right  to  transfer,  b}'^  warranty  against  his  own  acts,  any  portion  of 
his  pre-emption  or  homestead  for  church,  cemetery  or  school  pur- 
poses, and  for  the  right  of  way  of  railroads  across  such  pre-emp- 
tion or  homestead,  and  the  transfer  for  such  public  purposes  shall 
in  no  way  vitiate  the  right  to  complete  and  perfect  the  title  to 
their  pre-emptions  or  homesteads. 

Homesteads. 

Sec.  2289.  Every  person  who  is  the  head  of  a  family,  or  who 
has  arrived  at  the  age  of  twenty- one  years,  and  is  a  citizen  of  the 
United  States,  or  who  has  filed  his  declaration  of  intention  to 
become  such,  as  required  by  the  naturalization  laws,  shall  be  en- 
titled to  enter  one  quarter-section,  or  a  less  quantity,  of  unappro- 
priated public  lands,  upon  which  such  person  may  have  filed  a 
pre-emption  claim,  or  which  may,  at  the  time  the  application  is 
made,  be  subject  to  pre-emption  at  one  dollar  and  twenty-five 
cents  per  acre,  or  eighty  acres  or  less  of  such  unappropriated  lands 


180  PUBLIC  LAND 

at  two  dollars  and  fifty  cents  per  acre,  to  be  located  in  a  body,  in 
conformity  to  the  legal  subdivisions  of  the  public  lands,  and  after 
the  same  have  been  surveyed.  And  every  person  owning  and  re- 
siding on  land  '^ay,  under  the  provisions  of  this  section,  enter 
other  land  lyinp^  contiguous  to  his  land,  which  shall  not,  with  the 
land  so  already  owned  and  occupied,  exceed  in  the  aggregate  one 
hundred  and  s^xty  acres. 

Sec.  2290.  The  person  applying  for  the  benefit  of  the  preced- 
ing section  ^hall,  upon  application  to  the  register  of  the  land- 
oflBce  in  which  he  is  about  to  make  such  entry,  make  affidavit 
before  the  register  or  receiver  that  he  is  the  head  of  a  family,  or 
is  twenty-one  years  or  more  of  age,  or  has  performed  service  in  the 
army  or  navy  of  the  United  States,  and  that  such  application  is 
made  for  his  exclusive  use  and  benefit,  and  that  his  entry  is  made 
for  the  purpose  of  actual  settlement  and  cultivation,  and  not,  either 
dir^'^.ctly  or  indirectly,  for  the  use  or  benefit  of  any  other  person; 
ard  upon  filing  such  afiidavit  with  the  register  or  receiver,  on  pay- 
ment of  five  dollars  when  the  entry  is  of  not  more  than  eighty 
acres,  and  on  payment  of  ten  dollars  when  the  entry  is  for  more 
than  eighty  acres,  he  shall  tliereupon  be  permitted  to  enter  the 
amount  of  land  specified. 

Sec.  2291.  No  certificate,  iiowever,  shall  be  given,  or  patent 
issued  therefor,  until  the  expiration  of  five  years  from  the  date  of 
such  entry;  and  if  at  the  expiration  of  such  time,  or  at  any  time 
within  two  years  thereafter,  the  person  making  such  entry,  or  if 
he  be  dead  his  widow,  or  in  case  of  her  death  his  heirs  or  devisee, 
or  in  case  of  a  widow  making  such  entry  her  heirs  or  devisee,  in 
case  of  her  death,  proves  by  two  credible  witnesses  that  he,  she,  or 
they  have  resided  upon  or  cultivated  the  same  for  the  term  of  five 
years  immediately  succeeding  the  time  of  filing  the  affidavit,  and 
makes  affidavit  that  no  part  of  such  land  has  been  alienated,  ex- 
cept as  provided  in  section  2288,  and  that  he,  she,  or  tliey  will 
bear  true  allegiance  to  the  Government  of  the  United  States;  then, 
in  such  case,  he,  she,  or  they,  if  at  that  time  citizens  of  the 
United  States,  shall  be  entitled  to  a  patent,  as  in  other  cases  pro- 
vided by  law. 

Sec  2292.  In  case  of  the  death  of  both  father  and  mother 
leaving  an  infant  child  or  children  under  twenty-one  years  of  age, 
the  right  and  fee  shall  inure  to  the  benefit  of  such  infant  child  or 
children;  and  tlie  executor,  administrator,  or  guardian  may,  at  any 
time  within  two  years  after  the  death  of  the  surviving  parent,  and 


LAWS.  181 

in  accordance  with  the  laws  of  the  State  in  which  such  children, 
for  the  time  being,  have  their  domicile,  sell  the  land  for  the  benefit 
of  such  infants,  but  for  no  other  purpose;  and  the  purchaser  shall 
acquire  the  absolute  title  by  the  purchase,  and  be  entitled  to  a 
patent  from  the  United  States  on  the  payment  of  the  office  fees  and 
sum  of  money  above  specified. 

Sec.  2293.  In  case  of  any  person  desirous  of  availing  himself  of 
the  benefits  of  this  chapter,  but  who,  by  reason  of  actual  service  in 
the  military  or  naval  service  of  the  United  States,  is  unable  to  do 
the  personal  preliminary  acts  at  the  district  land-office  which  the 
preceding  sections  require;  and  whose  family,  or  some  member 
thereof,  is  residing  on  the  land  which  he  desires  to  enter,  and  upon 
which  a  hona-fide  improvement  and  settlement  have  been  made, 
such  person  may  make  the  affidavit  required  by  law  before  the 
officer  commanding  in  the  branch  of  the  service  in  which  the  party 
is  engaged,  which  affidavit  shall  be  as  binding  in  law,  and  with 
like  penalties,  as  if  taken  before  the  register  or  receiver;  and  upon 
such  affidavit  being  filed  with  the  register  by  the  wife  or  other 
representative  of  the  party,  the  same  shall  become  effective  from 
the  date  of  such  filing,  provided  the  application  and  affidavit  are 
accompanied  by  the  fee  and  commissions  as  required  by  law. 

Sec.  2294.  In  any  case  in  which  the  applicant  for  the  benefit 
of  the  homestead,  and  whose  family,  or  some  member  thereof,  is 
residing  on  the  land  which  he  desires  to  enter,  and  upon  which  a 
hona-fide  improvement  and  settlement  have  been  made,  is  pre- 
vented, by  reason  of  distance,  bodily  infirmity,  or  other  good  cause, 
from  personal  attendance  at  the  district  land-office,  it  may  be'  law- 
ful for  him  to  make  the  affidavit  required  by  law  before  the  clerk 
of  the  court  for  the  county  in  which  the  applicant  is  an  actual  resi- 
dent, and  to  transmit  the  same,  with  the  fee  and  commission,  to 
the  register  and  receiver. 

Sec.  2295.  The  register  of  the  land-office  shall  note  all  appli- 
cations under  the  provisions  of  this  chapter  on  the  tract-books  and 
plats  of  his  office,  and  keep  a  register  of  all  such  entries,  and  make 
return  thereof  to  the  General  Land-Office,  together  with  the  proof 
upon  which  they  have  been  founded. 

Sec.  2296.  No  lands  acquired  under  the  provisions  of  this 
chapter  shall  in  any  event  become  liable  to  the  satisfaction  of  any 
debt  contracted  prior  to  the  issuing  of  the  patent  therefor. 

Sec.  2297.  If,  at  any  time  after  the  filing  of  the  affidavit,  as 
required  in  section  2290,  and  before  the  expiration  of  the  five  years 


182  PUBLIC    LAND 

mentioned  in  section  2291,  it  is  proved,  after  dne  notice  to  the 
settler,  to  the  satisfaction  of  the  register  of  the  land-office,  that  the 
person  having  filed  such  affidavit  has  actually  changed  his  resi- 
dence, or  abandoned  the  land  for  more  than  six  months  at  any 
time,  then  and  in  that  event  the  land  so  entered  shall  revert  to  the 
Government.  ♦ 

Sec.  2298.  No  person  shall  be  permitted  to  acquire  title  to 
more  than  one  quarter-section  under  the  provisions  of  this  chapter. 
Sec.  2299.  Nothing  contained  in  this  chapter  shall  be  so  con- 
strued as  to  impair  or  interfere  in  any  manner  with  existing  pre-emp- 
tion rights;  and  all  persons  who  may  have  filed  their  applications 
for  a  pre-emption  right  prior  to  the  20th  day  of  May,  1862,  shall  be 
entitled  to  all  the  privileges  of  this  chapter. 

Sec.  2300.  No  person  who  has  served,  or  may  hereafter  serve, 
for  a  period  not  less  than  fourteen  days  in  the  army  or  navy  of 
the  United  States,  either  regular  or  volunteer,  under  the  laws 
thereof,  during  the  existence  of  an  actual  war,  domestic  or  foreign, 
shall  be  deprived  of  the  benefits  of  this  chapter  on  account  of  not 
having  attained  the  age  of  twenty-one  years. 

Sec.  2301.  Nothing  in  this  chapter  shall  be  so  construed  as  to 
prevent  any  person  who  has  availed  himself  of  the  benefits  of  sec- 
tion 2289  from  paying  the  minimum  price  for  the  quantity  of  land 
so  entered,  at  any  time  before  the  expiration  of  the  five  years,  and 
obtaining  a  patent  therefor  from  the  Government,  as  in  other  cases 
directed  by  law,  on  making  proof  of  settlement  and  cultivation  as 
provided  by  law,  granting  pre-emption  rights. 

Sec.  2802.  No  distinction  shall  be  made  in  the  construction 
or  execution  of  this  chapter  on  account  of  race  or  color;  nor  shall 
any  mineral  lands  be  liable  to  entry  and  settlement  under  its  pro- 
visions. 

*Sp:o.  2303.  All  the  public  hinds  in  the.  States  of  Alabama, 
Mississippi,  Louisiana,  Arkansas,  aad  Florida  shall  be  disposed  of 
in  no  other  manner  than  according  to  the  terms  and  stipulations 
contained  in  the  preceding  provisions  of  this  chapter. 

Sec.  2304.  Every  private  soldier  and  officer  who  has  served  in 
the  array  of  the  United  States  during  the  recent  Rebellion,  for 
ninety  days,  and  who  was  honorably  discharged,  and  has  remained 
loyal  to  the  Government,  including  the  troops  mustered  into  the 
service  of  the  United  States  by  virtue  of  the  third  section  of  an  act 
approved  February  13,  1862,  and  every  seaman,  marine  and  officer 

*  Repealed  by  act  of  June  22,  187(5. 


LAWS.  183 

who  has  served  in  the  navy  of  the  United  States,  or  in  the  marine 
corps,  during  the  Rebellion,  for  ninety  days,  and  who  was  honor- 
ably discharged,  and  has  remained  loyal  to  the  Government,  shall, 
on  compliance  with  the  provisions  of  this  chapter,  as  hereinafter 
modified,  be  entitled  to  enter  upon  and  receive  patents  for  a  quan- 
tity of  public  lands  not  exceeding  160  acres,  or  one  quarter- section, 
to  be  taken  in  compact  form,  according  to  legal  subdivisions,  in- 
cluding the  alternate  reserved  sections  of  public  land  along  the 
line  of  any  railroad  or  other  public  work,  not  otherwise  reserved 
or  appropriated,  and  other  lands  subject  to  entry  under  the  home- 
Btead  laws  of  the  United  States;  but  such  homestead  settler  shall 
be  allowed  six  months  after  locating  his  homestead,  and  filing  his 
declaratory  statement,  within  which  to  make  his  entry  and  com- 
mence his  settlement  and  improvement. 

Sec.  2305.  The  time  which  the  homestead  settler  has  served  in 
the  array,  navy,  or  marine  corps  shall  be  deducted  from  the  time 
heretofore  required  to  perfect  title,  or  if  discharged  on  account  of 
wounds  received  or  disability  incurred  in  the  line  of  dutj,  then 
the  term  of  enlistment  shall  be  deducted  from  the  time  heretofore 
required  to  perfect  title,  without  reference  to  the  length  ot  time 
he  may  have  served;  but  no  patent  shall  issue  to  any  homestead 
settler  who  has  not  resided  upon,  improved,  and  cultivated  his 
homestead  for  a  period  of  at  least  one  year  after  he  shall  have 
commenced  his  improvements. 

Sec.  2306.  Every  person  entitled,  under  the  provisions  of  sec- 
tion 2304,  to  enter  a  homestead  who  may  have  heretofore  entered, 
under  the  homestead  laws,  a  quantity  of  laud  less  than  160  acres, 
shall  be  permitted  to  enter  so  much  land  as,  when  added  to  the 
quantity  previously  entered,  shall  not  exceed  160  acres. 

Sec.  2307.  In  case  of  the  death  of  any  person  who  would  be 
entitled  to  a  homestead  under  the  provisions  of  section  2304,  his 
widow,  if  unmarried,  or  in  case  of  her  death  or  marriage  then 
his  minor  orphan  children,  by  a  guardian  duly  appointed  and  offi- 
cially accredited  at  the  Department  of  the  Interior,  shall  be  enti- 
tled to  all  the  benefits  enumerated  in  this  chapter,  subject  to  all 
the  provisions  as  to  settlement  and  improvement  therein  con- 
tained; but  if  such  person  died  during  his  term  of  enlistment,  the 
whole  term  of  his  enlistment  shall  be  deducted  from 'the  time  here- 
tofore required  to  perfect  the  title. 

Sec.  2308.  Where  a  party  at  the  date  of  his  entry  of  a  tract  of 
land   under  the   homestead   laws,   or   subsequently  thereto,   was 


184  PUBLIC    LAND 

actually  enlisted  and  employed  in  the  army  or  navy  of  the  United 
States,  his  services  therein  shall,  in  the  administration  of  such 
homestead  laws,  be  construed  to  be  equivalent,  to  all  intents  and 
purposes,  to  a  residence  for  the  same  length  of  time  upon  the  tract 
so  entered.  And  if  his  entry  has  been  canceled  by  reason  of  his 
absence  from  such  tract  while  in  tlie  military  or  naval  service  of 
the  United  States,  and  such  tract  has  not  been  disposed  of,  his 
■entry  shall  be  restored;  but  if  such  tract  has  been  disposed  of,  the 
]^arty  may  enter  another  tract,  subject  to  entry  under  the  homestead 
laws,  and  his  right  to  a  patent  therefor  may  be  determined  by  the 
proofs  touching  his  residence  and  cultivation  of  the  first  tract  and 
his  absence  therefrom  in  such  service. 

Sec.  2309..  Every  soldier,  sailor,  marine,  officer,  or  other 
person  coming  within  the  provisions  of  section  2304,  may,  as  well 
by  an  agent  as  in  person,  enter  upon  such  homestead  by  filing  a 
declaratory  statement,  as  in  pre-emption  cases;  but  such  claimant 
in  person  shall  within  the  time  prescribed  make  his  actual  entry, 
commence  settlements  and  improvements  on  the  same,  and  there- 
after fulfill  all  the  requirements  of  law. 

Sec.  2310.  Each  of  the  chiefs,  warriors,  and  heads  of  families  of 
the  Stockbridge  Munsee  tribes  of  Indians  residing  in  the  county  of 
Shawana,  State  of  Wisconsin,  may,  under  the  direction  of  the 
Secretary  of  the  Interior,  enter  a  homestead  and  become  entitled 
to  all  the  benefits  of  this  chapter,  free  from  any  fee  or  charge;  and 
any  part  of  their  present  reservation  which  is  abandoned  for  that 
purpose  may  be  sold,  under  the  direction  of  the  Secretary  of  the 
Interior,  and  the  proceeds  applied  for  the  benefit  of  such  Indians 
as  may  settle  on  homesteads,  to  aid  them  in  improving  the  same. 

Sec.  2311.  The  homestead  secured,  by  virtue  of  the  preceding 
section,  shall  not  be  subject  to  any  tax,  levy,  or  sale;  nor  shall  it  be 
sold,  conveyed,  mortgaged,  or  in  any  manner  incumbered,  except 
upon  the  decree  of  the  district  court  of  the  United  States,  as  pro- 
vided in  the  following  section: 

Sec  2312.  Whenever  any  of  the  chiefs,  warriors,  or  heads 
ol"  families  of  the  tribes  mentioned  in  section  2310  having 
filed  with  the  clerk  of  the  district  court  of  the  United 
States  a  declaration  of  his  intention  to  become  a  citizen  of 
the  United  States,  and  to  dissolve  all  relations  with  any  Indian 
tribe,  two  years  previous  thereto,  appears  in  such  court,  and  proves 
to  the  satisfaction  thereof,  by  the  testimony  of  two  citizens,  that 
for  five  years  last  past  he  has  adopted  the  habits  of  civilized  life; 


LAWS.  185 

that  he  has  maintained  himself  and  family  bj  his  own  industry, 
that  he  reads  and  speaks  the  English  language;  that  he  is  well  dis- 
posed to  become  a  peaceable  and  orderly  citizen;  and  that  he  has 
sufficient  capacity  to  manage  his  own  affairs;  the  court  may  enter  a 
decree  admitting  him  to  all  the  rights  of  a  citizen  of  the  United 
States,  and  thenceforth  he  shall  be  no  longer  held  or  treated  as  a 
member  of  any  Indian  tribe,  but  shall  be  entitled  to  all  the  rights 
and  privileges,  and  be  subject  to  all  the  duties  and  liabilities  to 
taxation  of  other  citizens  of  the  United  States.  But  nothing 
herein  contained  shall  be  construed  to  deprive  such  chiefs,  war- 
riors, or  heads  of  families  of  annuities  to  which  they  are  or  may  be 
entitled. 

****** 

Sec.  3362.  The  Secretary  of  the  Interior  is  authorized,  upon 
proof  being  made,  to  his  satisfaction,  that  any  tract  of  land  has 
been  erroneously  sold  by  the  United  States,  so  that  from  any  cause 
the  sale  cannot  be  confirmed,  to  repay  to  the  purchaser,  or  to  his 
legal  representatives  or  assignees,  the  sum  of  money  which  was 
paid  therefor,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated. 

Sec.  2363.  Where  any  tract  of  land  has  been  erroneously  sold, 
as  described  in  the  preceding  section,  and  the  money  which  was 
paid  for  the  same  has  been  invested  in  any  stocks  held  in  trust,  or 
has  been  paid  into  the  Treasury  to  the  credit  of  any  trust-fund,  it 
is  lawful,  by  the  sale  of  such  portion  of  the  stocks  as  may  be 
necessary  for  the  purpose,  or  out  of  such  trust-fund,  to  repay  the 
purchase-money  to  the  parties  entitled  thereto. 


Reservation  and  Sale  of  To-wn  Sites  on  the  Public  Lands. 

Sec.  2380.  The  President  is  authorized  to  reserve  from  the 
public  lands,  whether  surveyed  or  unsurveyed,  town  sites  on  the 
shores  of  harbors,  at  the  junction  of  rivers,  important  portages,  or 
any  natural  or  prospective  centers  of  population. 

Sec.  2381.  When,  in  the  opinion  of  the  President,  the  public 
interests  require  it,  it  shall  be  the  duty  of  the  Secretary  of  the  In- 
terior to  cause  any  of  such  reservations,  or  part  thereof,  to  be  sur- 
veyed into  urban  or  suburban  lots  of  suitable  size,  and  to  fix  by 
appraisement  of  disinterested  persons  their  cash  value,  and  to  offer 
the  same  for  sale  at  public  outcry  to  the  highest  bidder,  and  thence 
afterward  to  be  held  subject  to  sale  at  private   entrv  accordino-  to 


186  PUBLIC    LAND 

such  regulations  as  the  Secretary  of  the  Interior  may  prescribe; 
but  no  lot  shall  be  disposed  of  at  public  sale  or  private  entry  for 
less  than  the  appraised  value  thereof.  And  all  such  sales  shall  be 
conducted  by  the  register  and  receiver  of  the  land-office  in  the 
district  in  wliich  the  reservation  may  be  situated,  in  accordance 
with  the  instructions  of  the  Commissioner  of  the  General  Land- 
Office. 

Sec.  2382.     In  any  case  in  which  parties  have  already  founded, 
or  may  hereafter  desire  to  found,  a  city  or  town  on  the  public 
lands,  it  may  be  lawful  for  them   to  cause  to  be  filed  with  the  re- 
corder for  the  county  in  which  the  same  is  situated,  a  plat  thereof, 
for  not  exceeding  six  hundred  and  forty  acres,  describing  its  ex- 
terior boundaries  according  to  tiie  lines  of  the  public  surveys,  where 
such  surveys  have  been  executed ;  also  giving  the  name  of  such 
city  or  town,  and  exhibiting  the  streets,  squares,  blocks,  lots,  and 
alleys,  the  size  of  the  same,  with  measurements  and  area  of  each 
municipal  subdivision,  the  lots  in  which  shall  each  not  exceed  four 
thousand  two  hundred  square  feet,  with  a  statement  of  the  extent 
and  general  character  of  the  improvements;  such  map   and  state- 
ment to  be  verified  under  oath  by  the  party  acting  for  and  in  be- 
half of  the  persons  proposing  to  establish  such  city  or  town;  and 
within  one  month  after  such  filing  there  shall  be  transmitted  to  the 
General  Land-Office  a  verified  transcript  of  such  map  and  state- 
ment, accompanied  by  the  testimony  of  two  witnesses  that   such 
city  or  town  has  been  established  in  good  faith;  and  when  the 
premises    are    within    the  limits  of  an  organized  land-district,  a 
similar  map  and  statement  shall  be   filed  with  the  register  and 
receiver,  and  at  any  time  after  the  filing  of  such  map,  statement, 
and  testimony  in  the  General  Land-Office,  it  may  be  lawful  for  the 
President  to  cause  the  lots  embraced  within  the  limits  of  such  city 
or  town  to  be  ofiered  at  public  sale  to  the  highest  bidder,  subject 
to  a  minimum  often  dollars  for  each  lot;  and  such  lots  as  may  not 
be  disposed  of  at  public  sale  shall  thereafter  be  liable  to  private 
entry  at  such  minimum,  or  at  such  reasonable  increase  or  diminu- 
tion thereafter  as  the  Secretary  of  the  Interior  may  order  from 
time  to  time,  after  at  least  three  months'  notice,  in  view  of  the  in- 
crease or  decrease  in  the  value  of  the  municipal  property.     But  any 
actual  settler  upon  any  one  lot,  as  above  provided,  and  upon  any 
additional  lot  in  which    he  may   have  substantial   improvements, 
shall  be  entitled  to  prove  up  and   purchase  the  same  as  a  ])re-emp- 
tion,  at  such  minimum,  at  any  time   before    the  day  fixed  for  the 
public  sale. 


LAWS.  187 

Sec.  2383.  When  such  cities  or  towns  are  established  upon  un- 
snrveyed  lands,  it  may  be  lawful,  after  the  extension  thereto  of  the 
public  surveys,  to  adjust  the  extension  limits  of  the  premises  ac- 
cording to  those  lines,  where  it  can  be  done  without  interference 
with  rights  which  may  be  vested  by  sale;  and  patents  for  all  lots 
so  disposed  of  at  public  or  private  sale  shall  issue  as  in  ordinary 
cases. 

Sec.  2384.  If  within  twelve  months  from  the  establishment  of 
a  city  or  town  on  the  public  domain,  the  parties  interested  refuse 
or  fail  to  file  in  the  General  Land- Office  a  transcript  map,  with  the 
statement  and  testimony  called  for  by  the  provisions  of  section 
2382,  it  may  be  lawful  for  the  Secretary  of  the  Interior  to  cause  a 
survey  and  plat  to  be  made  of  such  city  or  town,  and  thereafter  the 
lots  in  the  same  shall  be  disposed  of  as  required  by  such  provisions, 
with  this  exception,  that  they  shall  each  be  at  an  increase  of  fifty 
per  centum  on  the  minimum  often  dollars  per  lot. 

Sec.  2385.  In  the  case  of  any  city  or  town,  in  which  the  lots 
may  be  variant  as  to  size  from  the  limitation  fixed  in  section 
2382,  and  in  which  the  lots  and  buildings,  as  municipal  improve- 
ments, cover  an  area  greater  than  six  hundred  and  forty  acres,  such 
variance  as  to  size  of  lots  or  excess  in  area  shall  prove  no  bar  to 
such  city  or  town  claim  under  the  provisions  of  that  section;  but 
the  minimum  price  of  each  lot  in  such  city  or  town,  which  may 
contain  a  greater  number  of  square  feet  than  the  maximum  named 
in  that  section,  shall  be  increased  to  such  reasonable  amount  as 
the  Secretary  of  the  Interior  may  by  rule  establish. 

Sec.  2386.  Where  mineral  veins  are  possessed,  which  posses- 
sion is  recognized  by  local  authority,  and  to  the  extent  so  possessed 
and  recognized,  the  title  to  town  lots  to  be  acquired  shall  be  sub- 
ject to  such  recognized  possession  and  the  necessary  use  thereof; 
but  nothing  contained  in  this  section  shall  be  so  construed  as  to 
recognize  any  color  of  title  in  possessors  for  mining  purposes  as 
against  the  United  States. 

Sec.  2387.  Whenever  any  portion  of  the  public  lands  have 
been  or  may  be  settled  upon  and  occupied  as  a  town  site,  not  sub- 
ject to  entry  under  the  agricultural  pre-emption  laws,  it  is  lawful, 
in  case  such  town  be  incorporated,  for  the  corporate  authorities 
thereof,  and,  if  not  incorporated,  for  the  judge  of  the  county  court 
for  the  county  in  which  such  town  is  situated,  to  enter  at  the 
proper  land-office,  and  at  the  minimum  price,  the  land  so  settled 
and  occupied  in  trust  for  the  several  use  and  benefit  of  the  occu- 


188  PUBLIC    LAND 

pants  thereof,  according  to  their  respective  interests  ;  the  execu- 
tion of  which  trust,  as  to  the  disposal  of  the  lots  in  such  town, 
and  the  proceeds  of  the  sales  thereof,  to  be  conducted  under  such 
regulations  as. may  be  prescribed  by  the  legislative  authority  of 
the  State  or  Territory  in  which  the  same  be  situated. 

Sec.  2388.  The  entry  of  the  land  provided  for  in  the  preceding 
section  shall  be  made,  or  a  declaratory  statement  of  the  purpose  of 
the  inhabitants  to  enter  it  as  a  town  site  shall  be  filed  with  the 
register  of  the  proper  land-office,  prior  to  the  commencement  of 
the  public  sale  of  the  body  of  land  in  which  it  is  included,  and  the 
entry  or  declaratory  statement  shall  include  only  such  land  as  is 
actually  occupied  by  the  town,  and  the  title  to  which  is  in  the 
United  States  ;  but  in  any  Territory  in  which  a  land -office  may  not 
have  been  established,  such  declaratory  statements  may  be  filed 
with  the  Surveyor-Greneral  of  the  surveying  district  in  which  the 
lands  are  situated,  who  shall  transmit  the  same  to  the  General 
Land-Office. 

Sec.  2389.  If  upon  surveyed  lands,  the  entry  shall  in  its  ex- 
terior limit  be  made  in  conformity  to  the  legal  subdivisions  of  the 
public  lands  authorized  by  law ;  and  where  the  inhabitants  are  in 
number  one  hundred,  and  less  than  two  hundred,  shall  embrace 
not  exceeding  three  hundred  and  twenty  acres ;  and  in  cases  where 
the  inhabitants  of  such  town  are  more  than  two  hundred,  and  less 
than  one  thousand,  shall  embrace  not  exceeding  six  hundred  and 
forty  acres;  and  where  the  number  of  inhabitants  is  one  thousand 
and  over  one  thousand,  shall  embrace  not  exceeding  twelve  iiun- 
dred  and  eighty  acres;  but  for  each  additional  one  thousand  in- 
habitants, not  exceeding  five  thousand  in  all,  a  further  grant  of 
three  hundred  and  twenty  acres  shall  be  allowed. 

Sec.  2390.  The  words  "  not  exceeding  five  thousand  in  all,"  in 
the  preceding  section,  shall  not  apply  to  Salt  Lake  City,  in  the 
Territory  of  Utah;  but  such  section  shall  be  so  construed  in  its 
application  to  that  city  that  lands  mav  be  entered  for  the  full  num- 
ber of  inhabitants  contained  therein,  not  exceeding  iitteeii  thou- 
sand ;  and  as  that  city  covers  school-section  number  thirty-six,  in 
township  number  one  north,  of  range  numbei*  one  west,  the  same 
may  bo  embraced  in  such  entry,  and  indemnity  shall  be  given 
therefor  when  a  grant  is  made  by  Congress  of  sections  sixteen  and 
thirty-six,  in  the  Territory  of  Utali,  for  school  purposes. 

Sec.  2391.  A.Tiy  act  of  the  trustees  not  made  in  conformity  to 
the  regulations  alluded  to  in  section  2387  shall  be  void. 


LAWS.  18J^ 

Sec.  2392.  No  title  shall  be  acquired,  under  the  foregoing  pro- 
visions of  this  chapter,  to  any  mine  of  gold,  silver,  cinnabar,  or 
copper ;  or  to  any  valid  rainina^  claim  or  possession  held  under  ex- 
isting laws. 

Sec.  2393.  The  provisions  of  this  chapter  shall  not  apply  to 
military  or  other  reservations  heretofore  made  by  the  United 
States,  nor  to  reservations  for  light-houses,  custom-houses,  mints, 
or  such  other  public  purposes  as  the  interests  of  the  United  States 
may  require,  whether  held  under  reservations  through  the  Land 
Office  by  title  derived  from  the  Crown  of  Spain,  or  otherwise. 

Sec.  2394.  The  inhabitants  of  any  town  located  on  the  public 
lands  may  avail  themselves,  if  the  town  authorities  choose  to 
do  so,  of  the  provisions  of  sections  2387,  2388,  and  2389;  and 
in  addition  to  the  minimum  price  of  the  lands  embracing 
any  town  site  so  entered,  there  shall  be  paid  by  the  par- 
ties availing  themselves  of  such  provisions  all  costs  of  survey- 
ing and  platting  any  such  town  site,  and  expenses  incident 
thereto  incurred  by  the  United  States,  before  any  patent  issues 
therefor;  but  nothing  contained  in  the  sections  herein  cited  shall 
prevent  the  issuance  of  patents  to  persons  who  have  made  or  may 
hereafter  make  entries,  and  elect  to  proceed  under  other  laws 
relative  to  town  sites  in  this  chapter  set  forth. 

*  *  *  *  *  * 

Sec.  2450.  The  Commissioner  of  the  General  Land-Office  is 
authorized  to  decide  upon  principles  of  equity  and  justice,  as  recog- 
nized in  courts  of  equity,  and  in  accordance  with  regulations  to  be 
settled  by  the  Secretary  of  the  Treasury,  the  Attorney-General, 
and  the  Commissioner,  conjointly,  consistently  with  such  princi- 
ples, all  cases  of  suspended  entries  of  public  lands  and  of  suspended 
pre-emption  land  claims,  and  to  adjudge  in  what  cases  patents 
shall  issue  upon  the  same. 

Sec.  2451.  Every  such  adjudication  shall  be  approved  by  the 
Secretary  of  the  Treasury  and  the  Attorney- General,  acting  as  a 
board;  and  shall  operate  only  to  divest  the  United  States  of  the 
title  of  the  lands  embraced  thereby,  without  prejudice  to  the  rights 
of  conflicting  claimants. 

Sec.  2452.  The  Commissioner  is  directed  to  report  to  Congress 
at  the  first  session  after  any  such  adjudications  have  been  made,  a 
list  of  the  same  under  the  classes  prescribed  by  law,  virith  a  state- 
ment of  the  principles  upon  which  each  class  was  determined. 

Sec.  2453.     The  Coinmissioner  shall  arrange  his  decisions  into 


190  PUBLIC   LAND 

two  classes;  the  first  class  to  embrace  all  such  cases  of  equity  as 
may  be  finally  coafirmed  by  the  board,  and  the  second  class  to 
embrace  all  such  cases  as  the  board  rejects  and  decides  to  be 
invalid. 

Sec.  2454.  For  all  lands  covered  by  claims  which  are  placed  in 
the  first  class,  patents  shall  issue  to  the  claimants;  and  all  lands 
embraced  by  claims  placed  in  the  second  class  shall  ipso  facto  re- 
vert to,  and  become  part  of,  the  public  domain. 

Seo.  2455.  It  may  be  lawful  for  the  Commissioner  of  the  Gen- 
eral Land-Office  to  order  into  market,  after  due  notice,  without  the 
formality  and  expense  of  a  proclamation  of  the  President,  all  lands 
of  the  second  class,  though  heretofore  unproclaimed  and  unoifered, 
and  such  other  isolated  or  disconnected  tracts  or  p;;rcels  of  unof- 
fered  lands  which,  in  his  judgment,  it  would  be  proper  to  expose 
to  sale  in  like  manner.  But  public  notice  of  at  least  thirty  days 
shall  be  given  by  the  land-officers  of  the  district  in  which  such 
lands  may  be  situated,  pursuant  to  the  directions  of  the  Commis- 
sioner. 

Sec.  2456.  Where  patents  have  been  already  issued  on  entries 
which  are  confirmed  by  the  officers  who  are  constituted  the  board 
of  adjudicalMon,  the  Commissioner  of  the  General  Land -Office, 
upon  the  canceling  of  the  outstanding  patent,  is  authorized  to 
issue  a  new  patent,  on  such  confirmation,  to  the  person  who  made 
the  entry,  his  lieirs  or  assigns. 

Sec.  2457.  The  preceding  provisions  from  section  2450  to  sec- 
tion 2456,  inclusive,  shall  be  applicable  to  all  cases  of  suspended  en- 
tries and  locations  which  have  arisen  in  the  General  Land-Office 
since  the  twenty-sixth  day  of  June,  eighteen  hundred  and  fifty-six, 
as  well  as  to  all  cases  of  a  similar  kind  which  may  hereafter  occur, 
embracing  as  well  locations  under  bounty  land- warrants  as  ordinary 
entries  or  sales,  including  homestead  entries  and  pre-emption  loca- 
tions or  cises;  where  the  law  has  been  substmtially  complied 
with,  and  the  error  or  informality  arose  from  ignorance,  accident, 
or  mistake  which  is  satisfactorily  explained;  and  where  the  rights 
of  no  other  claimant  or  pre-emptor  are  prejudiced,  or  where  there 

is  no  adverse  claim. 

****** 

Sec.  2478.  The  Commi^ssioner  of  the  General  Land-Office,  un- 
der the  direction  of  the  Secretary  of  the  Interior,  is  authorized  to 
enforce  and  carry  into  execution,  by  appropriate  regulations,  every 
part  of  the  provisions  of  this  title  nototherwise  8])ecially  provided  for. 


LAWS.  191 

CEIMES.— CH.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a 
competent  tribunal,  officer,  or  person,  in  any  case  in  which  a  law 
of  the  United  States  authorizes  an  oath  to  be  administered,  that  he 
will  testify,  declare,  depose,  or  certify  truly,  or  that  any  written 
testimony,  declaration,  deposition,  or  certificate  by  him  sub- 
scribed is  true,  willfully  and  contrary  to  such  oath  states  or  sub- 
scribes any  material  matter  which  he  does  not  believe  to  be  true, 
is  guilty  of  perjury,  and  shall  be  punished  by  a  iine  of  not  more 
than  two  thousand  dollars,  and  by  imprisonment,  at  hard  labor, 
not  more  than  five  years,  and  shall,  moreover,  thereafter,  be  in- 
capable of  giving  testimony  in  auy  court  of  the  United  States 
until  such  time  as  the  judgment  against  him  is  reversed. 


[No.  2.] 


AN  ACT  to  amend  section  2291  of  the  Revised  Statutes  of  the  United    States 
in  relation  to  proof  required  in  homestead  entries. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  the  proof 
of  residence,  occupation,  or  cultivation,  the  affidavit  of  non-aliena- 
tion, and  the  oath  of  allegiance,  required  to  be  made  by  section 
2291  of  the  Revised  Statutes  of  the  United  States,  may  be 
made  before  the  judge,  or,  in  his  absence,  before  the  clerk 
of  any  court  of  record  of  the  county  and  State,  or  district  and 
Territory,  in  which  the  lands  are  situated;  and  if  said  lands  are 
situated  in  any  unorganized  county,  such  proof  may  be  made  in 
a  similar  manner  in  any  adjacent  county  in  said  State  or  Ter- 
ritory; and  the  proof,  affidavit,  and  oath,  when  so  made  and 
duly  subscribed,  shall  have  the  same  force  and  effect  as  if  made 
before  the  register  or  receiver  of  the  proper  land  district;  and  the 
same  shall  be  transmitted  by  such  judge,  or  the  clerk  of  his  court, 
to  the  register  and  the  receiver,  with  the  fee  and  charges  allowed 
by  law  to  him;  and  the  register  and  receiver  shall  be  entitled  to 
the  same  fees  for  examining  and  approving  said  testimony  as  are 
now  allowed  by  law  for  taking  the  same. 

Sec.  2.  That  if  any  witness  making  such  proof,  or  the  said  ap- 
plicant making  such  affidavit  or  oath,  swears  falsely  as  to  any 
material  matter  contained  in  said  proof,  affidavits,  or  oaths,  the 
said  false  swearing  being  willful  and  corrupt,  he  shall  be  deemed 


192  PUBLIC    LAND 

guilty  of  perjury,  and  shall  be  liable  to  the  same  pains  and  penal- 
ties as  if  he  had  sworn  falsely  before  the  register. 
Approved  March  3,  1877. 


[No.  3.] 
AN  ACT  for  the  relief  of  settlers  on  the  public  lands  under  the  pre-emption  laws. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled^  That  any 
person  who  has  made  a  settlement  on. the  public  lands  under  the 
pre-emption  laws,  and  has  subsequent  to  such  settlement  changed 
his  filing  in  pursuance  of  law  tp  that  for  a  homestead  entry  upon 
the  same  tract  of  land,  shall  be  entitled  to  have  the  time  required 
to  perfect  his  title  under  the  homestead  laws  computed  from  the 
date  of  his  original  settlement  heretofore  made,  or  hereafter  to  be 
made,  under  the  pre-emption  laws  subject  to  all  the  provisions  of 
the  law  relating  to  homesteads. 

Approved  May  27,  1878. 


[No.  4.] 

AN  ACT  to  amend  an  act  entitled"  An  Act  to  encourage  the  growth  of  timber  on 
the  Western  Prairies." 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  act 
entitled  •'  An  Act  to  amend  the  act  entitled  '  An  Act  to  encourage 
the  growth  of  timber  on  Western  Prairies,'  "  approved  March 
thirteenth,  eighteen  hundred  and  seventy-four,  be,  and  the  same  is 
hereby,  amended  so  as  to  read  as  follows:  That  any  person  who  is 
the  head  of  a  family,  or  who  has  arrived  at  the  age  of  twenty-one 
years,  a^d  is  a  citizen  of  the  United  States,  or  who  shall  have  filed 
his  declaration  of  intention  to  become  such,  as  required  by  the 
naturalization  laws  of  the  United  States,  who  shall  plant,  protect, 
and  keep  in  a  healthy,  growing  condition  for  eight  years  ten  acres 
of  timber,  on  any  quarter-section  of  any  of  the  public  lands  of  the 
United  States,  or  five  acres  on  any  legal  subdivision  of  eii?hty  acres, 
or  two  and  one-half  acres  on  any  legal  subdivision  of  forty  acres  or 
less,  shall  be  entitled  to  a  patent  for  the  whole  of  said  quarter-sec- 
tion, or  of  such  legal  subdivision  of  eighty  or  forty  acres,  or  frac- 
tional subdivision  of  less  than  forty  acres,  as  the  case  may  be,  at 


LAWS.  1 03 

the  expiration  of  said  eight  years,  on  making  proof  of  such  fact  by 
not  less  than  two  credieble  witnesses,  and  a  full  compliance  of  the 
further  conditions  as  provided  in  section  2  :  Provided^  further. 
That  not  more  than  one  quarter  of  any  section  shall  be  thus 
granted,  and  that  no  person  shall  make  more  tliah  one  entry  under 
the  provisions  of  this  act. 

Sec.  2.  That  the  person  applying  for  the  benefits  of  this  act 
shall,  upon  application  to  the  register  of  the  land  district  in  which 
he  or  she  is  about  to  make  such  entry,  make  affidavit  before 
the  register  or  the  receiver,  or  the  clerk  of  some  court  of  record, 
or  officer  authorized  to  administer  oaths  in  the  district  where  the 
land  is  situated;  which    affidavit   shall  be    as  follows,  to  wit: 

I, ,  having  filed  my  application,  number  ,  for  an 

entry  under  the  provisions  of  an  act  entitled  '"  An  Act  to  amend  an 
act  entitled  '  An  Act  to  encourage   the  growth  of  timber  on  the 

Western  prairies,' "  approved ,  18 — , do  solemnly  swear 

(or  affirm)  that  I  am  the  head  of  a  family  (or  over  twenty-one 
years  of  age),  and  a  citizen  of  the  United  States  (or  have  declared 
my  intention  to  become  sucli);  that  the  section  of  land  specified  in 
my  said  application  is  composed  exclusively  of  prairie  lands,  or 
oth  r  ands  devoid'  of  timber;  that  this  filing  and  entry  is 
made  for  the  cultivation  of  timber  and  for  my  own  exclusive 
use  and  benefit;  that  I  have  made  the  said  application  in  good 
faith^  and  not  for  the  purpose  of  speculation,  or,  directly  or 
indirectly,  for  the  use  or  benefit  of  any  other  person  or  per- 
sons whomsoever;  that  I  intend  to  hold  and  cultivate  the  land, 
and  to  fully  comply  with  the  provisions  of  this  said  act;  and  that  I 
have  not  heretofore  made  an  entry  under  this  act,  or  the  acts  of 
which  this  is  amendatory. 

And  upon  tiling  said  affidavit  with  said  register  and  said  re- 
ceiver, and  on  payment  of  ten  dollars  if  the  tract  applied  for  is 
more  than  eighty  acres,  and  five  dollars  if  it  is  eighty  acres  or 
less,  he  or  she  shall  thereupon  be  permitted  to  enter  the  quantity 
of  land  specified;  and  the  party  making  an  entry  of  a -quarter- 
section  under  the  provisions  of  this  act  shall  be  required  to 
break  or  plow  five  acres  covered  thereby  the  first  year,  five  acres  the 
second  year,  and  to  cultivate  the  crop  or  otherwise  the  five  acres 
broken  or  plowed  the  first  year;  the  third  year  he  or  she  shall  cul- 
tivate to  crop  or  otherwise  the  five  acres  broken  the  second  year, 
and  to  plant  in  timber,  seeds,  or  cuttings  the  five  acres  first  broken 
or  plowed,  and  to  cultivate  and  put  in  crop  or  otherwise  the  remain- 
ing five  acres,  and  the  fourth  year  to  plant  in  timber,  seeds,  or  cut- 
tings the  remainitig  five  acres.  All  entries  of  less  quantity  than  one 
IS 


194  PUBLIC    LAND 

quarter-section  shall  be  plowed,  planted,  cultivated  and  planted  to 
trees,  tree-seeds,  or  cuttings,  in  the  same  manner  and  in  tlie  same 
proportion  as  hereinbefore  provided  for  a  quarter-section:  Provided^ 
however.  That  in  case  such  trees,  seeds  or  cuttings  shall  be  de- 
stroyed by  grasshoppers  or  by  extreme  and  unusual  drouth,  for  any 
vear  or  term  of  years,  the  time  for  planting  such  trees,  seeds,  or 
cuttings  shall  be  extended  one  year  for  every  such  year  that  they 
are  so  destroyed :  Provided  further^  That  the  person  making  such 
entry  shall,  before  he  or  she  shall  be  entitled  to  such  extension  of 
time,  file  with  the  register  and  the  receiver  of  the  proper  land-office 
an  affidavit  corroborated  by  two  witnesses,  setting  forth  the 
destruction  of  such  trees,  and  that,  in  consequence  of  such  destruc- 
tion, he  or  she  is  compelled  to  ask  an  extension  of  time,  in  accord- 
ance with  the  provisions  of  this  act:  And  provided  further,  That 
no  final  certificate  shall  be  given,  or  patent  issued,  for  the  land  so 
entered,  until  the  expiration  of  eight  years  from  the  date  of  such 
entrv;  and  if,  at  the  expiration  of  such  time,  or  at  any  time  within 
five  years  thereafter,  the  person  making  such  entry,  or,  if  he  or  she 
be  dead,  his  or  her  heirs  or  legal  representatives,  shall  prove  by 
two  credible  witnesses  "that  he  or  she  or  they  have  planted,  and,  for 
not  less  than  eight  years,  have  cultivated  and  protected  such  quan- 
tity and  character  of  trees  as  aforesaid;  that  not  less  than  twenty- 
seven  hundred  trees  were  planted  on  each  acre,  and  that  at  the 
time  of  making  such  proof  there  shall  be  then  growing  at  least  six 
hundred  and  seventy-five  living  and  thrifty  trees  to  each  acre,  they 
shall  receive  a  patent  for  such  tract  of  land. 

Sec.  3.  That  if  at  any  time  after  the  filing  of  said  afl&davit,  and 
prior  to  the  issuing  of  the  patent  for  said  land,  the  claimant  shall 
fail  to  comply  with  any  of  the  requirements  of  this  act,  then  and  in 
that  event  such  land  shall  be  subject  to  entry  under  the  homestead 
laws,  or  by  some  other  person  under  the  provisions  of  this  act : 
Provided,  That  the  party  making  claim  to  said  land,  either  as 
a  homestead  settler  or  under  this  act,  shall'  give,  at  the  time  of 
filing  his  application,  such  notice  to  the  original  claimant  as  shall 
be  prescribed  by  the  rules  established  by  the  Commissioner  of  the 
General  Land-Office;  and  the  rights  of  the  parties  shall  be  deter- 
mined as  in  other  contested  cases. 

Sec.  4.  That  no  land  acquired  under  the  provisions  of  this  act 
shall,  in  any  event,  become  liable  to  the  satisfaction  of  any  debt 
or  debts  contracted  prior  to  the  issuing  «>f  the  final  certificate 
therefor. 


LAWS.  195 

Sec.  5.  That  the  Cdramissioner  of  the  General  Land-Office  is 
hereby  required  to  prepare  and  issue  such  rules  and  regulations, 
consistent  with  this  act,  as  sliall  be  necessary  and  proper  to  carry 
its  provisions  into  effect;  and  that  the  registers  and  receivers  of  the 
several  land-offices  shall  each  be  entitled  to  receive  two  dollars  at 
the  time  of  entry,  and  the  like  sum  when  the  claim  is  finally 
established  and  the  final  certificate  issued. 

Sec.  6.  That  the  fifth  section  of  the  act  entitled  "An  Act  in 
addition  to  an  act  to  punish  crimes  against  the  United  States,  and 
for  other  purposes,"  approved  March  third,  eighteen  hundred  and 
fifty-seven,  shall  extend  to  all  oaths,  affirmations,  and  affidavits 
required  or  authorized  by  this  act. 

Sec.  7.  That  parties  who  have  already  made  entries  under  the 
acts  approved  March  third,  eighteen  hundred  and  seventy-three, 
and  March  thirteenth,  eighteen  hundred  and  seventy-four,  of 
which  this  is  amendatory,  shall  be  permitted  to  complete  the  same 
upon  full  compliance  with  the  provisions  of  this  act;  that  is,  they 
shall,  at  the  time  of  making  their  final  proof,  have  liad  under  cul- 
tivation, as  required  by  this  act,  an  amount  of  timber  sufficient  to 
make  the  number  of  acres  required  by  this  act. 

Sec.  8.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Approved  June  14,  1878. 


[No.  5.] 

AN  ACT  to  provide  for  the  sale  of  desarl  lands  in  certaia  States  aad  Ter- 
ritories. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemMed,  That  it  shall  be 
lawful  for  any  citizen  of  the  United  States,  or  any  person  of  requi- 
site age  "  who  may  be  entitled  to  become  a  citizen,  and  who  has 
filed  his  declaration  to  become  such,"  and  upon  payment  of  twenty- 
five  cents  per  acre,  to  file  a  declaration,  under  oath,  with  the  regis- 
ter and  receiver  of  the  land  district  in  which  any  desert  land  is 
situated,  that  he  intends  to  reclaim  a  tract  of  desert  land,  not 
exceeding  one  section,  by  conducting  water  upon  the  same  within 
the  period  of  three  years  thereafter:  Provided,  however.  That  the 
right  to  the  use  of  water  by  the  person  so  conducting  the  same 
on  or  to  any  tract  of  desert  land  of  six  hundred  and  forty  acres 
shall  depend  upon  hona-fide  prior  appropriation;  and    such  right 


1  96  PUBLIC  LAND 

shall  not  exceed  the  amount  of  water  actually  appropriated  and 
necessarily  used  for  the  purpose  of  irrigation  and  reclamation; 
and  all  surplus  water  over  and  above  such  actual  appropriation 
and  use,  together  with  the  water  of  all  lakes,  rivers,  and  other 
sources  of  water  supply  upon  the  public  lands,  and  not  navigable, 
shall  remain  and  be  held  free  for  the  appropriation  and  use  of  the 
public  for  irrigation,  mining,  and  manufacturing  purposes  subject 
to  existing  rights.  Said  declaration  shall  describe  particularly 
said  section  of  land  if  surveyed,  and  if  unsurveyed  shall  describe 
the  same  as  nearly  as  possible  without  a  survey.  At  any  time 
within  the  period  of  three  years  after  filing  said  declaration,  upon 
making  satisfactory  proof  to  the  register  and  receiver  of  the  recla- 
mation of  said  tract  of  land  in  the  manner  aforesaid,  and  upon 
the  payment  to  the  receiver  of  the  additional  sum  of  one  dollar 
per  acre  for  a  tract  of  land  not  exceeding  six  hundred  and  forty 
acres  to  any  one  person,  a  patent  for  the  same  shall  be  issued  to 
him:  Provided^  That  no  person  shall  be  permitted  to  enter  more 
than  one  tract  of  land,  and  not  to  exceed  six  hundred  and  forty 
acres,  which  shall  be  in  compact  form. 

Sec.  2.  That  all  lands  exclusive  of  timber  lands  and  mineral 
lands  which  will  not,  without  irrigation,  produce  some  agricult- 
ural crop,  shall  be  deemed  desert  lands  within  the  meaning  of  this 
act,  which  fact  shall  be  ascertained  by  proof  of  two  or  more  credi- 
ble witnesses  under  oath,  whose  affidavits  shall  be  filed  in  the 
land-office  in  which  said  tract  of  land  may  be  situated. 

Sec.  3.  That  this  act  shall  only  apply  to  and  take  efiect  in  the 
States  of  California,  Oregon,  and  Nevada,  and  the  Territories  of 
Washington,  Idaho,  Montana,  Utah,  Wyoming,  Arizona,  New 
Mexico,  and  Dakota,  and  the  determination  of  what  may  be  con- 
sidered desert  land  shall  be  subject  to  the  decision  and  regulation 
of  the  Commissioner  of  the  General  Land-Office. 

Approved  March  3,  1877. 


[No.  6.] 

AN  ACT  providing  for  the  sale  of  saline  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled,  That  whenever 
it  shall  be  made  appear  to  the  register  and  the  receiver  of  any  land- 
office  of  tlie  United  States  that  any  lands  within  their  district  are 


LAWS.  197 

saline  in  character,  it  shall  be  the  duty  of  said  register  and  said 
receiver,  under  the  regulations  of  the  General  Land-Office,  to  take 
testimony  in  reference  to  such  lands  to  ascertain  their  true  charac- 
ter, and  to  report  the  same  to  the  Greneral  Land-Office;  and  if, 
upon  such  testimony,  the  Commissioner  of  the  General  Land- 
Office  shall  find  that  such  lands  are  saline  and  incapable  of  being 
purchased  under  any  of  the  laws  of  the  United  States  relative  to  the 
public  domain,  then,  and  in  such  case,  such  lands  shall  be  oflered 
for  sale  by  public  auction  at  the  local  land-office  of  the  district  in 
which  the  same  shall  be  situated,  under  such  regulations  as  shall 
be  prescribed  by  the  Commissioner  of  the  General  Land-Office,  and 
sold  to  the  highest  bidder  for  cash  at  a  price  not  less  than  one  dol- 
lar and  twenty-five  cents  per  acre;  and  in  case  said  lands  fail  to 
sell  when  so  offered,  then  the  same  shall  be  subject  to  private  sale 
at  such  land-office,  for  cash,  at  a  price  not  less  than  one  dollar  and 
twenty-five  cents  per  acre  in  the  same  manner  as  other  lands 
of  the  United  States  are  sold:  Provided^  That  the  foregoing 
enactments  shall  not  apply  to  any  State  or  Territory  which  has  not 
had  a  grant  of  salines  by  act  of  Congress,  nor  to  any  State  which 
may  have  had  such  grant,  until  either  the  grant  has  been  fully 
satisfied,  or  the  right  of  selection  thereunder  has  expired  by 
efflux  of  time.  But  nothing  in  this  act  shall  authorize  the  sale  or 
conveyance  of  any  title  other  than  such  as  the  United  States  has, 
and  the  patents  issued  shall  be  in  the  form  of  a  release  and  quit- 
claim of  all  title  of  the  United  States  in  such  lands. 

Sec.  2.  That  all  executive  proclamations  relating  to  the  sales 
of  public  lands  shall  be  published  in  only  one  newspaper,  the  same 
to  be  printed  and  published  in  the  State  or  Territory  where  the 
lands  are  situated,  and  to  be  designated  by  the  Secretary  of  the 
Interior. 

Approved  January  12,   1877. 


[No.  7.] 


AN  ACT  respecting  the  limits  of  reservations  for  town  sites  upon  the  public 
domain. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That  the 
existence  or  incarporation  of  any  town  upon  the  public  lands  of 
the  United  States  shall  not  be  held  to  exclude  from  pre-emption  or 
homestead  entry  a  greater  quantity  than  twenty-five  hundred  and 


198  PUBLIC    LAND 

sixty  acres  of  land,  or  the  maxiiriura  area  which  may  be  entered  as 
a  town  site  under  existing  laws,  unless  the  entire  tract  claimed  or 
incorporated  as  such  town  site  shall,  including  and  in  excess  of  the 
area  above  specified,  be  actually'-  settled  upon,  inhabited,  improved, 
and  used  for  business  and  municipal  purposes. 

Sec.  2.  That  where  entries  have  been  heretofore  allowed  upon 
lands  afterward  ascertained  to  have  been  embraced  in  the  corporate 
limits  of  any  town,  but  which  entries  are,  or  shall  be  shown,  to 
the  satisfaction  of  the  Commissioner  of  the  General  Land-Office, 
to  include  only  vacant  unoccupied  lands  of  the  United  States,  not 
settled  upon  or  used  for  municipal  purposes,  nor  devoted  to  any 
public  use  of  such  town,  said  entries,  if  regular  in  all  respects,  are 
hereby  confirmed  and  may  be  carried  into  patent:  Provided^  That 
this  ci-'utirmation  shall  not  operate  to  restrict  the  entry  of  any 
town  site  to  a  smaller  area  than  the  maximum  quantity  of  land 
which,  by  reason  of  present  population,  it  may  be  entitled  to  enter 
under  section  2389  of  the  Revised  Statutes. 

Sec.  3.  That  whenever  the  corporate  limits  of  any  town  upon 
the  public  domain  are  shown  or  alleged  to  include  lands  in  excess 
of  the  maximum  area  specified  in  section  1  of  this  act,  the  Com- 
missioner of  the  General  Land-Office  may  require  the  authorities 
of  such  town,  and  it  shall  be  lawful  for  them,  to  select  what  portion 
of  said  lands,  in  compact  form  and  embracing  the  actual  site  of 
the  municipal  occupati(Hi  and  improvement,  shall  be  withheld  from 
pro-emption  and  homestead  entry;  and  thereafter  the  residue  of 
such  lands  shall  be  open  to  disposal  under  the  homestead  and 
pre-emption  laws.  And  upon  default  of  said  town  authorities  to 
make  such  selection  within  sixty  days  after  notification  by  the 
Commissioner,  he  may  direct  testimony  respecting  the  actual  loca- 
tion and  extent  of  said  improvements,  to  be  taken  by  the  register 
and  receiver  of  the  district  in  which  such  town  may  be  situated; 
and,  upon  receipt  of  the  same,  he  may  determine  and  set  off  the 
proper  site  according  to  section  1  of  this  act,  and  declare  the 
remainiiii)^  lands  open  to  settlement  and  entry  under  the  homestead 
and  pre-emption  laws;  and  it  shall  be  the  duty  of  the  secretary  of 
each  of  the  Territones  of  the  United  States  to  furnish  the  Surveyor- 
General  of  the  Territory,  for  the  use  of  the  United  States,  a  copy 
duly  certified  of  e\ery  act  of  the  Legislature  of  the  Territory  incor- 
porating any  city  or  town,  the  same  to  be  forwarded  by  such 
secretary  to  the  Sui'veyor-General  \vithin  one  month  from  date  of 
its  approval. 


LAWS.  lyy 

Sec.  4.  It  shall  be  lawful  for  any  town  which  has  made,  or 
may  hereafter  make,  entry  of  less  than  the  maximum  quantity  of 
land  named  in  section  2389  of  the  Revised  Statutes  to  make  such 
additional  entry,  or  entries,  of  contiguous  tracts,  which  may  be 
occupied  for  town  purposes  as  when  added  to  the  entry  or  entries 
theretofore  made  will  not  exceed  twenty-five  hundred  and  sixty 
acres:  Provided^  That  such  additional  entry  shall  not,  together  with 
all  prior  entries,  be  in  excess  of  tlie  area  to  which  the  town  may  be 
entitled  at  date  of  the  additional  entry  by  virtue  of  its  population 
as  prescribed  in  said  section  2389. 

Approved  March  3,  1877. 


[No.  8.] 


AN  ACT  for  the  sale  of  timber  lands  in  the  States  of  California,  Oregon,  Nevada 
and  in  Washington  Territory. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  iti  Congress  asseinbled,  That  surveyed 
public  lands  of  the  United  States  within  the  States  of  California, 
Oregon,  and  Nevada,  and  in  Washington  Territory,  not  included 
within  military,  Indian,  or  other  reservations  of  the  United  States, 
valuable  chiefly  for  timber,  but  unfit  for  cultivation,  and  which 
have  not  been  offered  at  public  sale  according  to  law,  may  be  sold 
to  citizens  of  the  United  States,  or  persons  who  have  declared  their 
intention  to  become  such,  in  quantities  not  exceeding  one  hundred 
and  sixty  acres  to  any  one  person,  or  association  of  persons,  at  the 
minimum  price  of  two  dollars  and  fifty  cents  per  acre;  and  lands 
valuable  chiefly  for  stone  maybe  sold  on  the  same  terms  as  timber 
lands:  Provided,  That  nothing  herein  contained  shall  defeat  or 
impair  any  hona-fide  claim  under  any  law  of  the  United  States,  or 
authorize  the  sale  of  any  mining  claim,  or  the  improvements  of 
any  lona-fide  settler,  or  lands  containing  gold,  silver,  cinnabar, 
copper,  or  coal,  or  lands  selected  by  the  said  States  under  any 
law  of  the  United  States  donating  lands  for  internal  improvements, 
education,  or  other  purposes:  And  provided  further^  That  none 
of  the  rights  conferred  by  the  act  approved  July  twenty-sixth, 
eighteen  hundred  and  sixty-six,  entitled,  "  An  Act  granting  the 
right  of  way  to  ditch  and  canal  owners  over  the  public  lands,  and 
for  other  purposes,"  shall  be  abrogated  by  this  act;  and  all  patents 
granted  shall  be  subject  to  any  vested  and  accrued  water  rights,  or 
rights  to  ditches  and  reservoirs  used  in  connection  with  such  water 


200  PUBLIC    LAJiiD 

rights,  as  may  have  been  acquired  under  and  by  the  provisions  of 
said  act;  and  such  rights  shall  be  expressly  reserved  in  any  patent 

issued  under  this  act. 

Sec.  2.  That  any  person  desiring  to  avail  himself  of  the  provis- 
ions of  this  act  shall  file  with  the  register  of  the  proper  district  a 
written  statement  in  duplicate,  one  of  which  is  to  be  transmitted 
to  the  General  Land-Office,  designating  by  legal  subdivisions  the 
particular  tract  of  land  he  desires  to  purchase,  setting  forth  that 
the  same  is  unfit  for  cultivation,  and  valuable  chiefly  for  its  timber 
or  stone;  that  it  is  uninhabited;  contains  no  mining  or  other  im- 
provements, except  for  ditch  or  canal  purposes,  where  any  such  do 
exist,  save  such  as  were  made  by  or  belong  to  the  applicant,  nor, 
as  deponent  verily  believes,  any  valuable  deposit  of  gold,  silver, 
cinnabar,  copper,  or  coal ;  that  deponent  has  made  no  other  appli- 
cation under  this  act;  that  he  does  not  apply  to  purchase  the  same 
on  speculation,  but  in  good  faith  to  appropriate  it  to  his  own 
exclusive  use  and  benefit;  and  that  he  has  not,  directly  or  indi- 
rectly, made  any  agreement  or  contract,  in  any  way  or  manner, 
with  any  person  or  persons  whatsoever,  by  which  the  title  which 
he  might  acquire  from  the  Grovernmentof  the  United  States  should 
inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except 
himself;  which  statement  must  be  verified  by  the  oath  of  the 
applicant  before  the  register  or  the  receiver  of  the  land-office 
within  the  district  where  the  land  is  situated;  and  if  any  person 
taking  such  oath  shall  swear  falsely  in  the  premises,  he  shall  be 
subject  to  all  the  pains  and  penalties  of  perjury,  and  shall  forfeit 
the  money  which  he  may  have  paid  for  said  lands,  and  all  right 
and  title  to  the  same ;  and  any  grant  or  conveyance  which  he  may 
have  made,  except  in  the  hands  of  hona-fide  purchasers,  shall  be 
null  and  void. 

Sec.  3.  That  upon  the  filing  of  said  statement,  as  ])rovided  in 
the  second  section  of  this  act,  the  register  of  the  land-office  shall 
post  a  notice  of  such  application,  embracing  a  description  of  the 
land,  by  legal  subdivisions,  in  his  office,  for  a  period  of  sixty  days, 
and  shall  furnish  the  applicant  a  copy  of  the  same  for  publication, 
at  the  expense  of  such  applicant,  in  a  newspaper  published  nearest 
the  location  of  the  promises,  for  alike  period  of  time;  and  after  the 
expiration  of  said  sixty  days,  if  no  adverse  (ilaim  shall  have  been 
tiled,  the  person  desiring  to  purchase  shall  furnisli  to  the  register 
of  the  land-office  satisfactory  evidence;  first.  That  said  notice  of  the 
apolication  prepared  by  the  register  as  aforesaid  was  <luly  published 


LAWS.  201 

in  a  newspaper  as  herein  required;  secondly,  That  the  land  is  oi 
the  character  contemplated  in  this  act,  unoccupied  and  without  im- 
provements, other  than  those  excepted,  either  mining  or  agricult- 
ural, and  that  it  apparently  contains  no  valuable  deposits  of  gold, 
silver,  cinnabar,  copper,  or  coal;  and  upon  payment  to  the  proper 
officer  of  the  purchase-money  of  said  land,  together  with  the  fees 
of  the  register  and  the  receiver,  as  provided  for  in  case  of  mining 
claims  in  the  twelfth  section  of  the  act  approved  May  tenth, 
eighteen  hundred  and  seventy-two,  the  applicant  may  be  permit- 
ted to  enter  said  tract,  and,  on  the  transmission  to  the  General 
Land-Office  of  the  papers  and  testimony  in  the  case,  a  patent  shall 
issue  thereon:  Provided,  That  any  person  having  a  valid  claim  to 
any  portion  of  the  land  raay'object,  in  writing,  to  the  issuance  of 
a  patent  to  lands  so  held  by  him,  stating  the  nature  of  his  claim 
thereto ;  and  evidence  shall  be  taken,  and  the  merits  of  said  objec- 
tion shall  be  determined  by  the  officers  of  the  land-office,  subject 
to  appeal,  as  in  other  land  cases.  Effect  shall  be  given  to  the 
foregoing  provisions  of  this  act  by  regulations  to  be  prescribed  by 
the  Commissioner  of  the  General  Land-Office. 


Sec.  6.     That  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 
Approved  June  3,  1878. 


[No.  9.] 

AN  ACT  making  appropriations  to  supply  deficiencies  in  the  appropriations 
for  fiscal  years  ending  June  thirtieth,  eighteen  hundred  and  seventy-five,  and 
prior  years,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,    *         *         * 

Sec.  15.  That  any  Indian,  born  in  the  United  States,  who  is 
the  head  of  a  family,  or  who  has  arrived  at  the  age  of  twenty-one 
years,  and  who  has  abandoned,  or  may  hereafter  abandon,  his 
tribal  relations,  shall,  on  making  satisfactory  proof  of  such  abandon- 
ment under  rules  to  be  prescribed  by  the  Secretary  of  the  Interior, 
be  entitled  to  the  benefits  of  the  act  entitled  "  An  Act  to  secure 
homesteads  to  actual  settlers  on  the  public  domain,"  approved 
May  twentieth,  eighteen  hundred  and  sixty-two,  and  the  acts 
amendatory  thereof,  except  that  the  provisions  of  the  eighth  section 
of  the  said  act  shall  not  be  held  to  apply  to  entries  made  under  this 


202  PUBLIC    LAND 

act:  Provided,  however,  That  the  title  to  lands  acquired  by  any 
Indian  by  virtue  hereof  shall  not  be  subject  to  alienation  or  incum- 
brance, either  by  voluntary  conveyance,  or  the  judgment,  decree, 
or  order  of  any  court,  and  shall  be  and  remain  inalienable  for  a 
period  of  five  years  from  the  date  of  the  patent  issued  therefor: 
Provided,  That  any  such  Indian  shall  be  entitled  to  his  distributive 
share  of  all  annuities,  tribal  funds,  lands,  and  other  property,  the 
same  as  though  he  had  maintained  his  tribal  relations;  and  any 
transfer,  alienation,  or  incumbrance  of  any  interest  he  may  hold 
or  claim  by  reason  of  his  former  tribal  relations  shall  be  void. 

Sec.  16.  That  in  all  cases  in  which  Indians  have  heretofore 
entered  public  lands  under  the  homestead  law,  and  have  proceeded 
in  accordance  with  the  regulations  prescribed  by  the  Commissioner 
of  the  General  Land-Office,  or  in  which  they  may  hereafter  be 
allowed  to  so  enter  under  said  regulations  prior  to  the  promulga 
tion  of  regulations  to  be  established  by  the  Secretary  of  the  Interior 
under  the  fifteenth  section  of  this  act,  and  in  which  the  conditions 
prescribed  by  law  have  been  or  may  be  complied  with,  the  entries 
so  allowed  are  hereby  confirmed,  and  patents  shall  be  issued 
thereon;  subject,  however,  to  the  restrictions  and  limitations  con- 
tained in  the  fifteenth  section  of  this  act  in  regard  to  alienation 
and  incumbrance. 

Approved  March  3,  1875. 


[:no.  10.] 

AN  ACT  defining  the  manner  ia  which  certain  land-scrip  may  be  assigned  and 
located,  or  applied  by  actual  settlers,  and  providing  for  the  issue  of  patents  in 
the  name  of  the  locator  or  his  legal  representatives. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whenever, 
in  cases  prosecuted  under  the  acts  of  Congress  of  June  twenty- 
second,  eighteen  hundred  and  sixty,  March  second,  eighteen 
hundred  and  sixty-seven,  and  the  first  section  of  the  act  of  June 
tenth,  eighteen  hundred  and  seventy-two,  providing  for  the  adjust- 
ment of  private  land  claims  in  the  States  of  Florida,  Louisiana  and 
Missouri,  the  validity  of  the  claim  has  been,  or  shall  be  hereafter, 
recognized  by  the  Supreme  Court  of  the  United  States,  and  the 
court  has  decreed  that  the  plaintiff  or  plaintiilts  is  or  are  entitled  to 
enter  a  certain  number  of  acres  upon  the  public  lands  of  the  United 
States,  subject  to  private  entry  at  one  dollar  and  twenty-five  cents 
per'acre,  or  to  receive  certificate  of  location  for  as  much  of  the  land, 


LAWS.  203 

the  title  to  which  has  been  established,  as  has  been  disposed  of  by 
the  United  States,  certificate  of  location  shall  be  issued  by  the 
Commissioner  of  the  General  Land-Office,  attested  by  the  seal  of 
said  ofiice,  to  be  located  as  provided  for  in  the  sixth  section  of  the 
aforesaid  act  of  Congress  of  June  twenty-second,  eighteen  hundred 
and  sixty,  or  applied  according  to  the  provisions  of  the  second 
section  of  this  act;  and  said  certifi.cate  of  location  or  scrip  shall  be 
subdivided  according  to  the  request  of  the  confirmee  or  confirmees, 
and,  as  nearly  as  practicable,  in  conformity  vnth  the  legal  divisions 
and  subdivisions  of  the  public  lands  of  the  United  States,  and 
shall  be,  and  are  hereby  declared  to  be,  assignable  by  deed  or 
instrument  of  writing,  according  to  the  form  and  pursuant  to 
regulations  prescribed  by  the  Commissioner  of  the  General  Land- 
Office,  so  as  to  vest  the  assignee  with  all  the  rights  of  the  original 
owners  of  the  scrip,  including  the  right  to  locate  the  scrip  in  his 
own  name. 

Sec.  2.  That  such  scrip  shall  be  received  from  actual  settlers 
only  in  payment  of  pre-emption  claims  or  in  commutation  of  home- 
stead claims,  in  the  same  manner  and  to  the  same  extent  as  is  now 
authorized  by  law  in  the  case  of  military  bounty-land  warrants. 

Sec,  3.  That  the  register  of  the  proper  laud-office,  upon  any 
such  certificate  being  located,  shall  issue,  in  the  name  of  the  party 
making  the  location,  a  certificate  of  entry,  upon  which,  if  it  shall 
appear  to  the  satisfaction  of  the  Commissioner  of  the  General  Land- 
Office  that  such  certificate  has  been  fairly  obtained,  according  to 
the  true  intent  and  meaning  of  this  act,  a  patent  shall  issue,  as  in 
other  cases,  in  the  name  of  the  locator  or  his  legal  representative. 

Sec.  4.  That  the  provisions  of  this  act  respecting  the  assign- 
ment and  patenting  of  scrip  and  its  application  to  pre-emption  and 
homestead  claims  shall  apply  to  the  indemnity-certificates  of  loca- 
tion provided  for  by  the  act  of  the  second  of  June,  eighteen  hun- 
dred and  fifty-eight,  entitled  "An  Act  to  provide  for  the  location  of 
certain  confirmed  private  land  claims  in  the  State  of  Missouri,  and 
for  other  purposes." 

Approved  January  28,  1879. 


[No.  11.] 
AN  ACT  to  grant  additional  riglits  to  homestead  settlers  on  public  lands  within 
railroad  limits. 
Be  it  enacted  hy  the  Senate  and   House   of  Representatives   of 
the  United  States  in  Congress  assembled.  That  from  and  after  tlie 


204  PUBLIC    LAND 

passage  of  this  act,  the  even  sections  within  the  limits  of  any  grant 
of  public  lands  to  any  railroad  company,  or  to  any  military  road 
company,  or  to  any  State  in  aid  of  any  railroad  or  military  road, 
shall  be  open  to  settlers  under  the  homestead  laws  to  the  extent  of 
one  hundred  and  sixty  acres  to  each  settler,  and  any  person  who 
has,  under  existing  laws,  taken  a  homestead  on  any  even  section 
within  the  limits  of  any  railroad  or  military  road  land  grant,  and 
who  by  existing  laws  shall  have  been  restricted  to  eighty  acres, 
may  enter  under  the  homestead  laws  an  additional  eighty  acres 
adjoining  the  land  embraced  in  his  original  entry,  if  such  addi- 
tional land  be  subject  to  entry;  or,  if  such  person  so  elect,  he  may 
surrender  liis  entry  to  the  United  States  for  cancellation,  and 
thereupon  be  entitled  to  enter  lands  under  the  homestead  laws  the 
same  as  if  the  surrendered  entry  had  not  been  made.  And  any 
person  so  making  additional  entry  of  eighty  acres,  or  new  entry 
after  the  surrender  and  cancellation  of  his  original  entry,  shall  be 
permitted  so  to  do  without  payment  of  fees  and  commissions;  and 
the  residence  and  cultivation  of  such  person  upon  and  of  the  land 
embraced  in  his  original  entry  shall  be  considered  residence  and 
cultivation  for  the  same  length  of  time  upon  and  of  the  land  em- 
braced in  his  additional  or  new  entry,  and  shall  be  deducted  from 
the  five  years'  residence  and  cultivation  required  by  law:  Provided, 
That  in  no  case  shall  patent  issue  upon  an  additional  or  new 
homestead  entry  under  this  act  until  the  person  has  actually,  and 
in  conformity  with  the  homestead  laws,  occupied,  resided  upon, 
and  cultivated  the  land  embraced  therein  at  least  one  year. 
Approved  March  3,  1879. 


[No.  12.] 

AN  ACT  lo  grant  additional  rights  to  homestead  settlers  on  public  lands  within 
railroad  limits  in  the  States  of  Missouri  and  Arkansas. 

Be  it  enacted  hij  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and 
after  the  passage  of  this  act  the  odd  sections  within  the  limits  of 
any  grant  of  public  lands  to  any  railroad  company  in  the  States  of 
Missouri  and  Arkansas,  or  to  such  States  respectively,  in  aid  of 
any  railroad,  whore  the  even  sections  have  been  granted  to  and 
received  by  any  railroad  company  or  by  such  States  respectively 
in  aid  of  any  railroad,  shall  be  open    to   settlers  under   the  home- 


LAWS.  205 

stead  laws  to  the  extent  of  one  hundred  and  sixty  acres  to  each 
settler;  and  any  person  who  has  under  existing  laws  taken  a  home- 
stead on  any  section  within  the  limits  of  any  railroad  grant  in  said 
States,  and  who  by  existing  laws  shall  have  been  restricted  to 
eighty  acres,  may  enter  under  the  homestead  laws  an  additional 
eiglity  acres  adjoining  the  land  embraced  in  his  original  entry,  if 
such  additional  land  be  subject  to  entry;  or  if  such  person  so  elect, 
he  may  surrender  his  entry  to  the  United  States  for  cancellation, 
and  thereupon  be  entitled  to  enter  lands  under  t'he  homestead  laws 
the  same  as  if  the  surrendered  entry  had  not  been  made.  And 
any  person  so  making  additional  entry  of  eighty  acres,  or  new 
entry  after  the  cancellation  of  his  original  entry,  shall  be  per- 
mitted to  do  so  without  payment  of  fees  or  commissions;  and  the 
residence  of  such  person  upon  and  cultivation  of  the  land  embraced 
in  his  original  entry  shall  be  considered  residence  and  cultivation 
for  the  same  lengtli  of  time  upon  and  of  the  land  embraced  in  his 
additional  or  new  entry,  and  shall  be  deducted  from  the  live  years' 
residence  and  cultivation  required  by  law:  Provided^  That  in  no 
case  shall  patent  issue  upon  an  additional  or  new  homestead  entry 
under  this  act  until  the  person  has  actually,  and  in  conformity  with 
the  homestead  laws,  occupied,  resided  upon,  and  cultivated  the 
land  embraced  therein  at  least  one  year. 
Approved  July  1,  1879. 


[No.  13.] 

AN  ACT  to  provide  additional  regulations  for  homestead  and  pre-emption  entries 
of  public  lands. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  before 
final  proof  shall  be  submitted  by  any  person  claiming  to  enter  ag- 
ricultural' lands  under  the  laws  providing  for  pre-emption  or  home- 
stead entries,  such  person  shall  file  with  the  register  of  the  proper 
land-ofiice  a  notice  of  his  or  her  intention  to  make  such  proof, 
stating  therein  the  description  of  lands  to  be  entered,  and  the 
names  of  the  witnesses  by  whom  the  necessary  facts  will  be  estab- 
lished. Upon  the  filing  of  such  notice  the  register  shall  publish  a 
notice,  that  such  application  has  been  made,  once  a  week  for  the 
period  of  thirty  days,  in  a  newspaper  to  be  by  him  designated  as 
published  nearest  to  such  land;  and  he  shall  also  post  such  notice 


206  PUBLIC    LAND 

in  some  conspicuous  place  in  his  office  for  tlie  same  period.  Suck 
notice  shall  contain  the  names  of  the  witnesses  as  stated  in  the  ap- 
plication. At  the  expiration  of  said  period  of  thirty  days  the 
claimant  shall  be  entitled  to  make  proof  in  the  manner  heretofore 
provided  by  law.  The  Secretary  of  the  Interior  shall  make  all 
necessary  rules  for  giving  effect  to  the  foregoing  provisions. 
Approved  March  3,  1879. 


[No.  14.] 
AN  ACT  for  the  relief  of  settlers  on  public  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  when  a 
pre-emption,  homestead,  or  timber-culture  claimant  shall  file  a 
written  relinquishment  of  his  claim  in  the  local  land-office,  the 
land  covered  by  such  claim  shall  be  held  as  open  to  settlement 
and  entry  without  further  action  on  the  part  of  the  Commissioner 
of  the  General  Land-Office. 

Sec.  2.  In  all  cases  where  any  person  has  contested,  paid  the 
land-office  fees,  and  procured  the  cancellation  of  any  prepemption, 
homestead,  or  timber-culture  entry,  he  shall  be  notified  by  the 
register  of  the  land-office  of  the  district  in  which  such  land  is 
situated  of  such  cancellation,  and  shall  be  allowed  thirty  days 
from  date  of  such  notice  to  enter  said  lands:  Provided,  That  said 
register  shall  be  entitled  to  a  fee  of  one  dollar  for  the  giving  of 
such  notice,  to  be  paid  by  the  contestant,  and  not  to  be  reported. 

Sec.  3.  That  any  settler  who  has  settled,  or  who  shall  hereafter 
settle,  on  any  of  the  public  lands  of  the  United  States,  whether 
surveyed  or  unsurveyed,  with  the  intention  of  claiming  the  same 
under  the  homestead  laws,  shall  be  allowed  the  same  time  to  file  his 
homestead  application  and  perfect  his  original  entry  in  the  United 
States  Land-Office  as  is  now  allowed  to  settlers  under  the  pre- 
emption laws  to  put  their  claims  on  record,  and  his  right  shall 
relate  back  to  the  date  of  settlement,  the  same  as  if  he  settled 
under  the  pre-emption  laws. 

Approved  May  14,  1880. 


LAWS.  207 

[No.  15.] 

AN  A.CT  to  provide  for  issuing  patents  for  public  lands  claimed  under  the  pre- 
emption and  homestead  laws,  in  cases  where  the  claimants  have  become 
insane. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  tJie 
United  States  of  America  in  Congi'ess  assemhled,  That  in  all 
cases  in  which  parties  who  regularly  initiated  claims  to  public 
lands  as  settlers  thereon,  accordinaj  to  the  provisions  of  the  pre- 
emption or  homestead  laws,  have  become  insane,  or  shall  hereafter 
become  insane,  before  the  expiration  of  the  time  during  which  their 
residence,  cultivation,  or  improvement  of  the  land  claimed  hj 
them  is  required  by  law  to  be  continued  in  order  to  entitle  them  " 
to  make  the  proper  proof  and  perfect  their  claims,  it  shall  be  law- 
ful for  the  required  proof  and  payment  to  be  made  for  their  benefit 
by  any  person  who  may  be  legally  authorized  to  act  for  them  dur- 
ing their  disability,  and  thereupon  tlieir  claims  shall  be  confirmed 
and  patented:  Provided,  It  shall  be  shown  by  proof  satisfactory  to 
the  Commissioner  of  the  General  Land-Office  that  the  parties 
complied  in  good  faith  with  the  legal  requirements  up  to  the 
time  of  their  becoming  insane,  and  the  requirements  in  home- 
stead entries  of  an  affidavit  of  allegiance  by  the  applicant  in  cer- 
tain cases  as  a  prerequisite  to  the  issuing  of  the  patents  shall  be 
dispensed  with  so  far  as  regards  such  insane  parties. 

Approved  June  8,  1880. 


[No.  16.] 

AN  ACT  relating  to  the  public  lands  of  the  United  States. 

Be  it  enacted  hy  the  Senate  and  Souse  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
when  any  lands  of  the  United  States  shall  have  been  entered  and 
the  Government  price  paid  therefor  in  full  no,  criminal  suit  or  pro- 
ceeding by  or  in  the  name  of  the  United  States  shall  thereafter  be 
had  or  further  maintained  for  any  trespasses  upon,  or  for  or  on 
account  of  any  material  taken  from,  said  lands,  and  no  civil  suit 
or  proceeding  shall  be  had  or  further  maintained  for  or  on  account 
of  any  trespasses  upon,  or  material  taken  from,  the  said  lands, 
of  the  United  States  in  the  ordinary  clearing  of  land,  in  work- 
ing a  mining  claim,  or  for  agricultural  or  domestic  purposes, 
or  for  maintainiug  improvements  upon  the  land  of  any   hona-fide 


.208  PUBLIC    LAND 

settler,  or  for  of  on  account  of  any  timber  or  material  taken  or 
used  by  any  person  without  fault  or  knowledge  of  the  trespass,  or 
for  or  on  account  of  any  timber  taken  or  used  without  fraud  or 
collusion  by  any  person  who  in  good  faith  paid  the  officers  or 
agents  of  the  United  States  for  the  same,  or  for  or  on  account  of 
any  alleged  conspiracy  in  relation  thereto:  Provided,  That  the 
provisions  of  this  section  shall  apply  only  to  trespasses  and  acts 
done  or  committed  and  conspiracies  entered  into  prior  to  March 
first,  eighteen  hundred  and  seventy-nine:  And  provided  further. 
That  defendants  in  such  suits  or  proceedings  shall  exhibit  to  the 
proper  courts  or  officer  the  evidence  of  such  entry  and  payment, 
and  shall  pay  all  costs  accrued  up  to  the  time  of  such  entry. 

Sec.  2.  That  persons  who  have  heretofore  under  any  of  the 
homestead  laws  entered  lands  properly  subject  to  such  entry,  or 
persons  to  whom  the  right  of  those  having  so  entered  for  home- 
steads may  have  been  attempted  to  be  transferred  by  hon.a-fide 
instrument  in  writing,  may  entitle  themselves  to  said  lands  by 
paying  the  Government  price  therefor;  and  in  no  case  less  than  one 
dollar  and  twenty-five  cents  per  acre,  and  the  amount  heretofore 
paid  the  Government  upon  said  lands,  shall  be  taken  as  part  pay- 
ment of  said  price:  Provided,  This  shall  in  no  wise  interfere 
with  the  rights  or  claims  of  others  who  may  have  subsequently 
entered  such  lands  under  the  homestead  laws.     • 

Sec.  3.  That  the  price  of  lands  now  subject  to  entry  which 
were  raised  to  two  dollars  and  fifty  cents  per  acre,  and  put  in 
market  prior  to  January,  eighteen  hundred  and  sixty-one,  by  rea- 
son of  the  grant  of  alternate  sections  for  railroad  purposes,  is 
hereby  reduced  to  one  dollar  and  twenty-five  cents  per  acre. 

Sec.  4.  This  act  shall  not  apply  to  any  of  the  mineral  lands  of 
the  United  States;  and  no  person  who  shall  be  prosecuted  for  or 
proceeded  against  on  account  of  any  trespass  committed  or  mate- 
rial taken  from  any  of  the  public  lands  after  March  first,  eighteen 
hundred  and  seventy-nine  shall  be  entitled  to  the  benefit  thereof. 

Approved  June  15,  1880. 


[No.    17.] 
AN  ACT  for  the  relief  of  certain  settlers  on  the  public  lands,  and  to  provide  for 
the  repayment  of  certain  fees,  purchase  money,  and  commissions  paid  on 
void  entries  of  public  lands. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Cmgress  assembled,  That  in  all  cases 


LAWS.  209 

where  it  shall,  upon  due  proof  being  made,  appear  to  the  satis- 
faction of  the  Secretary  of  the  Interior  that  innocent  parties  have 
paid  the  fees  and  commissions  and  excess  payments  required  upon 
the  location  of  claims  under  the  act  entitled  "  An  Act  to  amend  an 
act  entitled  '  An  Act  to  enable  honorably  discharged  soldiers  and 
sailors,  their  widows  and  orphan  children,  to  acquire  homesteads  on 
the  public  lands  of  the  United  States,'  and  amendments  thereto," 
approved  March  third,  eighteen  hundred  and  seventy-three,  and 
now  incorporated  in  section  2306  of  the  Revised  Statutes  of  the 
United  States,  which  said  claims  were,  after  such  location,  found 
to  be  fraudulent  and  void,  and  the  entries  of  locations  made 
thereon  canceled,  the  Secretary  of  the  Interior  is  authorized  to 
repay  to  such  innocent  parties  the  fees  and  commissions  and 
excess  payments  paid  by  them,  upon  the  Surrender  of  the  receipts 
issued  therefor  by  the  receivers  of  public  moneys,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  and  shall  be 
payable  out  of  the  appropriation  to  refund  purchase  money  on 
lands  erroneously  sold  by  the  United  States. 

Sec.  2.  In  all  cases  where  homestead  or  timber  culture  on 
desert-land  entries  or  other  entries  of  public  lands  have  heretofore 
or  shall  hereafter  be  canceled  for  conflict,  or  where,  from  any 
cause,  the  entry  has  been  erroneously  allowed  and  cannot  be  con- 
firmed, the  Secretary  of  the  Interior  shall  cause  to  be  repaid  to  the 
person  who  made  such  entry,  or  to  his  heirs  or  assigns,  the  fees 
and  commissions,  amount  of  purchase  money,  and  excess  paid 
upon  the  same  upon  the  surrender  of  the  duplicate  receipt  and  the 
execution  of  a  proper  relinquishment  of  all  claims  to  said  land, 
whenever  such  entry  shall  have  been  duly  canceled  by  the  Com- 
missioner of  the  General  Land-Office;  and  in  all  cases  where  par- 
ties have  paid  double  minimum  price  for  land  which  has  afterward 
been  found  not  to  be  within  the  limits  of  a  railxoad  land  grant,  the 
excess  of  one  dollar  and  twenty-live  cents  per  acre  shall  in  like 
manner  be  repaid  to  the  purchaser  thereof,  or  to  the  heirs  or 
assigns. 

Sec.  3.  The  Secretary  of  the  Interior  is  authorized  to  make  the 
payments  herein  provided  for,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated. 

Sec.  4.  The  Commissioner  of  the  General  Land-Office  shall 
make  all  necessary  rules,  and  issue  all  necessary  instructions,  to 
carry  the  provisions  of  this  act  into  eftect;  and  for  the  repayment 
of  the  purchase  money  and  fees  herein  provided  for,  the  Secretary 

14 


210  LAHD-OFFICK 


of  the  Interior  shall  draw  his  warrant  on  the  Treasury,  and  the 
same  shall  be  paid  without  regard  to  the  date  of  the  cancellation 
of  the  entries. 

Approved  June  16,  1880. 


FOBMS  PREPARED  BY  THE  COMMISSIONER  OF  THE 

GENERAIi  XlAJSTD-OFFICB  inn>EIt  THE 

FOREGOING  liAWS. 


Casli  Applicatioii. 

No  Land-Office  at , 

{Date) ,  18—. 

I^ L_-,  of county,  ,  do  hereby  apply  to  purchase 

the' of  section  ,  in  township  ,  of  range ,  con- 
taining   acres,  according  to  the  returns  of  the  Surveyor-Gen- 
eral, for  which  I  have  agreed  with  the  register  to  give  at  the  rate 
of per  acre. 

I, ,  register  of  the  land-office  at  ,  do  hereby  cer- 
tify that  the  lot  above  described  contains acres,  as  mentioned 

above,  and  that  the  price  agreed  upon  is per  acre. 

,  Register. 


Cash  Receipt. 

^Q^ .  Receiver's  Office  at 


{Date) ,  18— 

Received  from ,  of county, ,  the  sum  of 


dollars  and cents,  being  in  full  for  the quarter  of  section 

No. -,  in  township  No.  ,  of  range  No.  ,  coutainhig 

acres  and hundreths,  at  $ per  acre. 

,  Recemer. 


Cash  Certificate. 

No   Land-Office  at , 

{Date)  ,  18—. 

It  is  hereby  certified  that,  in  pursuance  of  law, ,  of 

county.  State  of  ,  on  this  day  purcliased  of  the  register 

of  this  office' the  lot  or  of  section  No.  ,  in  township  No. 


FO£MB.  211 

,  of  range  No.  ,  containing acres,  at  the  rate  of 

dollars  and  cents  per  acre,  amounting  to  dollars  and 

cents,  for  which  the  said ha —  made   payment  in 

foil  as  required  by  law. 

Now^  therefore^  he  it  known^  that  on  presentation  of  this  certifi- 
cate to  the  Commissioner  of  the  General  Land-Office,  the  said 

shall  be  entitled  to  receive  a  patent  for  the  lot  above  de- 
scribed. 

,  Register. 


Pre-emption  Declaratory  Statement. 

RECEIPT    AND    CER'riFICATE. 

Lajtd-Office  at 


{Date) ,  18 . 

Mr, has  this  day  paid dollars,  the  register's  and 

receiver's  fees,  to  file  a  declaratory  statement,  the  receipt  whereof 
is  hereby  acknowledged. 

,  Receiver. 

No. . 

Mr. ,  having  paid  the  fees,  has  this  day  filed  in  this 

office  his  declaratory  statement.  No.  ,  for of  section ^ 

in  township  ,  of  range  ,  containing  acres,  settled 

upon ,  18 — ,  being offered. 

,  Register. 


Pre-emption  Declaratory  Statement  for  Offered  Lands. 

-,  of ,  being ,  have,  on  the day  of  ■ 


A.  D.  18 — ,  settled  and  improved  the quarter  of  section  No. 

,  in  township  No. ,  of  range  No.  ,  in  the  district  of 

lands  subject  to  sale  at  the  land-office  at ,  and  containing 

acres,  which  land  has  not  yet  been  offered  at  public  sale,  and 

thus  rendered  subject  to  private  entry;  and  I  do  hereby  declare 
my  intention  to  claim  the  said  tract  of"  land  as  a  pre-emption  right 
under  section  2259  of  the  Revised  Statutesof  the  United  States. 
Given  under  my  hand  this day  of ,  a.  d.  18 — . 

In  presence  of . 


Pre-emption  Declaratory  Statement  for  XTnoffered  Ijands. 

-,  of, ,  being ,  have,  since   the  1st  day  of 


,  A.  D.  18 — ,  settled  and  improved  the quarter  of  section 

No. ,  iu  township  No.  ,  of  range  No.  ,  in  the  district 


212  LAND-OFFICE 

of  land  subject  to  sale  at  the  land -office  at  - — -,  and  containing 

acres,  wh^ch  land  had  been  rendered  mhject  to  private  entry  prior  to 
my  settlement  thereon;  and  I  do  hereby  declare  my  intention  to 
claim  the  said  tract  of  land  as  a  pre-emption  right,  under  section 
2259  of  the  Revised  Statutes  of  the  United  States. 

Given  under  my  hand  this  — =-day  of ,  a.  d.  IS — . 

In  presence  ot 


Affidavit  Required  of  Pre-emption   Claimant. 

I^ ,  claiming  the  right  of  pre-emption,    under  section 

2259  of  the  Revised  Statutes  of  the  United  States,  to  the   of 

section  No. ,  of  tov^nship  No.  ,  of  range  No.  ,  sub- 
ject to  sale  at ,  do  solemnly  that  I  have  never  had  the 

benefit  of  any  right  of  pre-emption  under  said  section  ;  that  I  am 
not  the  owner  of  320  acres  of  land  in  any  State  or  Territory  of  the 
United  States,  nor  have  I  settled  upon  and  improved  said  land  to 
sell  the  same  on  speculation,  but  in'good  faith  to  appropriate  it  to 
my  own  exclusive  use  or  benefit;  and  that  I  have  not,  directly  or 
indirectly,  made  any  agreement  or  contract,  in  any  way  or  manner, 
with  any  person  or  persons  whomsoever,  by  which  the  title  which 
1  may  acquire  from  the  Government  of  the  United  States  should 
inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  my- 
self. 

1 ,   of  the  land-office  at ,  do  hereby  certify  that 

the  above  affidavit  was  subscribed  and  sworn  to  before  me  this 

day  of ,  A.  D.  18 — . 


Pre-emption  Proof. 

I'BSTIMONY    OF    CLAIMANT. 

,  being  called  as  a  witness  in ^own  behalf  in  sup- 
port of pre-emption  claim  to  the ,  testifies  as  follows  : 

Ques.  1.  What  is  your  name  ^Be  careful  to  give  it  in  full,  cor- 
rectly spelled,  in  order  that  it  may  be  here  written  exactly  as  you 
wish  it  written  in  the  patent  which  you  desire  to  obtain.) 

Aiis. . 

Ques.  2.  What  is  your  age  ? 

Ans. . 

Qiics.  3.  Are  you  the  head  of  a  family,  or  a  single  person;  and, 
if  the  head  of  a  family,  of  whom  does  your  family  consist? 

Ans. . 

Ques.   4.    Are  you  a  native-born  citizen     of  the   United   States? 


FORMS.  213 

If  not,  have  you  declared  jour  intention  to  become  a  citizen,  and 
have  you  obtained  a  certificate  of  naturalization  ?* 

Ans.  . 

Ques.  5.  Is  the  land  embraced  in  your  pre-emption  claim,  above 
described,  included  within  the  limits  of  an  incorporated  town;  or 
has  it  been  selected  as  the  site  of  a  city  or  town,  and  actually  set- 
tled and  occupied  for  purposes  of  trade  and  business  ? 

Ans.  . 

Ques.  6.  Are  there  any  indications  of  coal,  salines,  or  minerals 
of  any  kind  on  this  land  ?  (If  so,  state  what  they  are,  and  whether 
the  springs  or  mineral  deposits  are  valuable.) 

Ans.  . 

Ques.  7.  Is  the  land  more  valuable  for  agricultural  than  mineral 
purposes? 

Ans.  . 


Ques.  8.  What  is  your  post-ofiSce  address  ? 

Ans.  . 

Ques.  9.  Are  you  the  owner  of  320  acres  of  land  in  any  State  or 
Territory  ? 

Ans.  . 

Ques.  10.  Have  you  left  or  abandoned  a  residence  on  land  of 
your  own  in  this  — —  to  reside  upon  the  land  above  described  ? 

Ans.  . 

Ques.  11.  Have  you  ever  filed  a  pre-emption  declaratory  state- 
ment for  other  land  than  that  above  described  ?  (If  so,  give,  as 
nearly  as  you  can,  the  date  thereof  and  description  of  the  land.) 

Ans.  . 

Ques.  12.  Have  you  heretofore  made  a  pre-emption  entry? 

Ans.  . 

Ques.  13.  Have  you  settled  upon  and  improved  the  land  for 
which  you  now  apply,  to  sell  the  same  on  speculation  ? 

Ans.  . 

Ques.  14.  Have  you  given  any  mortgage  on  this  land,  and  have 
you  made  any  agreement  to  sell  the  same  ? 

Ans.  . 

Ques.  15.  When  did  you  make  settlement  on  the  land,  and  what 
constituted  your  first  act  of  settlement  ? 

Ans.  . 

Ques.  16.  What  improvements,  if  any,  were  on  the  land  at 
date  of  your  settlement?  (If  any,  state  who  owned  them,  and 
whether  they  now  belong  to  you.) 

Ans.   . 

Ques.  17.  What  improvements  have  you  made  on  this  land  sub- 
sequent to  your  first  act  of  settlement?  (Describe  them,  and  state 
the  total  value  of  the  improvements  owned  by  you  tliereon.) 

Ans.  . 

*In  case  the  party  has  been  naturalized,  or  has  only  declared  his  intention  to 
become  a  citizen,  a  certified  copy  of  his  certificate  of  naturalization  or  declara- 
tion of  intention,  as  the  case  may  be,  must  be  furnished. 


S14  LAUD-OFFICB 

Qnes.  18.  When  did  you  first  establish  your  residence  upon  the 
land  ? 

Ans.  . 

Ques.  19.  Have  you  resided  upon  the  land  ever  since  f 

Ans.  . 

Ques.  20.  What  use  have  you  made  of  the  land  ? 

Ans.  . 

Ques.  21.  How  much  of  the  land,  if  any,  has  been  broken  and 
cultivated  since  your  settlement  ? 

Ans.  . 


I  hereby  certify  that  each  question  and  answer  in  the  foregoing 

testimony  was  read  to  the  claimant  before signed name 

thereto,  and  that  the  same  was  subscribed  and  sworn  to  before  me 
this day  of ,  18 — . 


[The  testimony  of  two  witnesses,  in   this  form,  taken  separately,  required   in 
each  case.] 


Ppe-emption  Proof. 

TESTIMONY    OF    WITNESS. 


-,  being  called  as  a  witness  in  support  of  the  pre-emp- 


tion claim  of to  the ,  testifies  as  follows: 

Ques.  1.     What  is  your  post-office  address? 

Ans.  

Ques.  2.  What  is  your  occupation? 

Ans.  

Ques.  3.  Are  you  well  acquainted  with ,  the  claimant 

in  this  case,  and  how  long  have  you  known ? 

Ans.  

Ques.  4.  How  old  do  you  know  or  believe  claimant  to  be  ? 

Ans.  

Ques.  5.  Is  claimant  the  head  of  a  family,  or  a  single  person; 
and,  if  the  head  of  a  family,  of  whom  does  the  family  consist  ? 

Ans.  

Ques.  6.  Is  claimant  a  native-born  citizen  of  the  United  States? 
(If  not,  state,  if  you  can,  what  steps ha— taken  to  be  natural- 
ized.) 

Ans.  

Ques.   7.  Are  you  acquainted  with  the  land  above  described  ? 

Ans.  

Quos.  8.  Do  yon  live  in  the  vicinity  of  the  land  ? 

Ans.   

Ques.  9.  Is  this  land  within  the  limits  of  an  incorporated  town, 
or  has  it  been  selected  as  the  site  of  a  city  or  town,  and  actually 
settled  and  occupied  for  purposes  of  trade  and  business  ? 


POKMS.  215 

Ans.   

Ques.  10.  Are  there  any  indications  of  coal,  salines,  or  minerals 
of  any  kind  on  this  land?  If  so,  state  what  they  are,  and 
whether  the  springs  or  mineral  deposits  are  valuable. 

Ans.  

Qnes.  11.  Is  the  land  more  valuable  for  agricultural  than  mineral 
purposes  ? 

Ans.  

Ques.  12.  Is  the  claimant  the  owner  of  320  acres  of  land  in  any 
State  or  Territory?     (State  your  knowledge  in  this  regard.) 

Ans.  

Ques.  13.  Has  the  claimant  left  or  abandoned  a  residence  on 

land  of own  in  this to  reside  upon  land  above  described  ? 

(State  your  knowledge  in  this  regard.) 

Ans.  

Ques.  14.  Has  the  claimant  ever  tiled  a  pre-emption  declaratory 

statement  for  other  land  tlian  that  above  described,  or  has 

heretofore  made  a  pre-emption  entry  ?  (State  your  knowledge  in 
this  regard.) 

Ans.  

Ques.  15.  Do  you  know  whether  the  claimant  has  given  any 
mortgage  on  this  land,  or  made  any  agreement  to  sell  the  same? 
(State  your  knowledge  in  this  regard.) 

Ans. 

Ques.  16.  When  did  claimant  first  make  settlement  on  the  land, 
and  what  constituted  his  first  act  of  settlement? 

Ans.  

Ques.  17.  What  improvements  does  the  claimant  possess  on  the 
land,  and  what  is  the  value  of  the  same? 

Ans.  

Ques.  18.  When  did  claimant  first  establish  a  residence  upon 
the  land  ? 

Ans.  

Ques.  19.   Has  claimant  resided  upon  the  land  continuously  ever 

since  ? 


Ans.  

Ques.  20.  For  what  purpose  has  the  land  been  used  by  claimant  ? 

Ans.  

Ques.  21.  How  much  of  the  said  land,  if  any,  has  been  broken 
and  cultivated  since  the  claimant  made  settlement  thereon  ? 

Ans.  

Ques.  22.  Is  it  your  belief  that has  acted  in  good  faith 

in  the  settlement  and  improvement  of  the  said  land  under  the  pre- 
emption laws  ?     Have  you  any  knowledge  to  the  contrary? 

Ans,  

Ques.  23.   Are  you  interested  in  this  claim  ? 

Ans.  


I  hereby  certify  that  witness  is  a  person  of  respectability;  that 
each  question  and  answer  in  the  foregoing  testimony  was  read  to 


216 


LAND  OFFICE 


before signed name  thereto,  and  that  the  same  was 

subscribed  and  sworn  to  before  me  this day  of ,  18 — , 


Homestead. 


Land-Office  at 


Application  No. .  {Date) ,  18 — . 

I, ,  of ,  do  hereby  apply  to  enter,  under  section 

2289  of  the  Revised  Statutes  of  the  United  States,  the  of 

section  ,  in  township  ,   of  range  ,  containing 

acres. 


Land  Office  at , 

(Bate) ,  18—. 

I, , ,  register  of  the  land-office,  do  hereby  certify  that 

the  above  application  is  for  surveyed  lands  of  the  class  which  the 
applicant  is  legally  entitled  to  enter  under  section  2289  of  the 
Revised  Statutes  of  the  United  States,  and  that  there  is  no  prior 
valid  adverse  right  to  the  same. 

,  Register. 


Homestead. 

affidavit. 


Land-Office  at 


(Bate) ,  18—. 

I, ,  of ,  having  filed  my  application  No.  ,  for 

an  entry  under  section  2289  ot  the  Revised  Statutes  of  the  United 
States,  do  solemnly  swear  that  [kere  state  whether  the  applicant  is 
the  head  of  a  farnily^  or  over  twenty-one  years  of  age;  whether  a 
citizen  of  the  United  States^  or  has  filed  a  declaration  of  intention 
of  heconting  such;  or,  if  und&r  twenty -one  years  of  age^  that  he  has 
served  not  less  than  fourteen  days  in  the  army  or  navy  of  the  United 

States  during  actual  war;  that  said  application.  No. ,  is  mode 

f(/r  his  or  her  exclusive  henefit;  and  that  said  entry  is  made  for  the 
purpose  of  actual  settlement  and  cultivation^  and  not,  directly  or 
indirectly,  for  the  use  or  henefit  of  any  other  person  m^  persons 
whorn.s'^rver\  and  that  I  have  not  heretofore  had  the  benefit  of  ^aid 
section  •22S9. 


Sworn  to  and  subscribed  this day  of ,  before 


Register  {ar  Rr<eiver\ 


FOKMS.  2 1  7 

Receiver's  receipt,  No. ■  Application  No. 

Homestead. 

Receiver's  Office, 

{^Date) ,  18—. 

Received  from ,  of county,  ,  the  sum  of 

-dollars  and cents,  being  the  amount  of  fee  and  compen- 


sation of  register  and  receiver  for  the  entry  of of  section 

in  township ,  of  range ,  under  section ,  Revised  Stat- 
utes of  the  United  States. 

$ .  ,  Receiver. — 


Notice  of  Intention  to  Make  Final  Proof. 

Land-Office  at 


{Date) .  18—. 

I, ,   of  ,  who   made   homestead   application 

No.  (or  pre-emption  declaratory  statement  No. ),  for  the 

,  do  hereby  give  notice  of  my  intention  to  make  final  proof 

to  establish  my  claim  to  the  land  above  described,  and  that  I 

expect  to  prove  mv  residence  and  cultivation  before ,  at 

,  on ,  18 — ,  by  two  of  the  folio  wing' witnesses: 

■ ,  of -. 

,  of . 

'of — ; 


[Signature  of  claimant.] 

Land-Office  at , 

{Date) ,  18—. 

Notice  of  the  above  application  will  be  published  in  the 


printed  at ,  which  I  hereby  designate  as  the  newspaper  pub- 
lished nearest  the  land  described  in  said  application. 

,  Register. 

Notice  to  Claimant. — Give  time  and  place  of  proving  up,  and  name  and  title 
of  the  officer  before  whom  proof  is  to  be  made :  also,  give  names  and  post-office 
addresses  of  four  neighbors,  two  of  whom  must  appear  as  your  witnesses. 


Notice  for  Publication. 

Land-Office  at 


18- 


Notice  is  hereby  given  that has  filed  notice  of  inten- 
tion to  make  final  proof  before ,  at ,  on 


218  LAfTD-OFFICE 

18 — ,  on  homestead  application  No. (or  pre-emption  declara- 

toi-y  statement  No. ),  for  the . 

He  names  as  witnesses ,  of ,  and ,  of . 

,  Register. 

Note.— This  notice  must  also  be  posted  in  a  conspicuous  place  in  the  land^fficc 
for  a  period  of  thirty  days  prior  to  date  of  final  proof. 


Consolidated  Notice  for  Publication. 

Land-Office  at- 


-,  18— 

Notice  is  hereby  given  that  the  following  named  settlers  have 
filed  notice  of  intention  to  make  final  proof  on  their  respective 

claims  before ,  at ,  on ,  18 — ,  viz. : 

,  on  homestead  application  No. ,  for  the . 


Witnesses  : ,  of ,  and ,  of 


the 


-,  on  pre-emption  declaratory  statement  No.  ,  for 


Witnesses  : ,  of ,  and ,  of 


-,  Register. 


Certificate  as  to  the  Posting  of  Notice. 

Land-Office  at  — 


{Date) ,  18-. 

I ,  register,  do  hereby  certify  that  a  notice,  a  printed 

copy  of  which  is  hereto  attached,  was  by  me  posted  in  a  conspic- 
uous place  in  my  office  for  a  period  of  thirty  days,  I   having  first 

posted  said  notice  on  the day  of ,  18 — . 

,  Register. 


Homestead  Proof. 

FINAL    AFFIDAVIT   REQUIRED    OF  UOMESTEAD    CLAIMANTS,   SECTION  2291 
OF   THE    REVISED    STATUTES    OF    THE    UNITED    STATES. 

J ,  having  made  a  homestead  entry  of  the section' 

No.' ,  in  township  No. ,  of  range  No. ,  subject  to  entry 

at ,  under  section  2289  of  the  Revised  Statutes  of  the  United 

States,  do  now  apply  to  perfect  my  claim  thereto  by  virtue  of 
section  2291  of  the  Revised  Statutes  of  the  United  States;  and  for 
that  purpose  do  solemnly that  ^   am  a  citizen  of  the  United 


FORMS.  2 1 9 

States;  that  I  have  made  actual  settlement  upon  and  have  cultivated 

said  land,  having  resided  thereon  since  the day  of ,  18 — , 

to  the  present  time;  that  no  part  of  said  land  has  been  alienated, 
except  as  provided  in  section  2288  of  the  Revised  Statutes,  but  that 
I  am  the  sole  hona-fide  owner  as  an  actual  settler;  that  I  Avill  bear 
true  allegiance  to  the  Grovernment  of  the  United  States;  and, 
farther,  that  I  have  not  heretofore  perfected  or  abandoned  an  entry 
made  under  the  homestead  laws  of  the  United  States. 

I, ,  of  the  Land-Office  at ,  do  hereby  certify  that 

the  above  affidavit  was  subscribed  and  sworn  to  before  me  this 

day  of ,  18 — . 


[This  form  will  be  used  both  in  final  homestead  proof  and  commutation  proof.] 

Homestead  Proof— Testimony  of  Claimant. 

.  being  called  as  a  witness  in own  behalf  in  sup- 
port of homestead  entry  for — ,  testifies  as  follows: 

Ques.  1.  What  is  your  name,  written  in  full  and  correctly 
spelled,  your  age,  and  postoffice  address  ? 

Ans.  . 

Ques.  2.  Are  you  a  native  of  the  United  States,  or  have  you 
been  naturalized  ?     (See  note.) 

Ans. . 

Ques.  3.  When  was  your  house  built  on  the  land,  and  when 
did  you  establish  actual  residence  thereon  ?  (Describe  said  house 
and  other  improvements  which  you  have  placed  on  the  land,  giving 
total  value  thereof.) 

Ans.  . 

Ques.  4.  Of  whom  does  your  family  consist,  and  have  you 
and  your  family  resided  continuously  on  the  land  since  first  estab- 
lishing residence  thereon  ?     (If  unmarried  state  the  fact.) 

Ans.  . 

Ques.  5.  For  what  period  or  periods  have  you  been  absent 
from  the  homestead  since  making  settlement,  and  for  what  pur- 
pose; and,  if  temporarily  absent,  did  your  family  reside  upon  and 
cultivate  the  land  during  such  absence  ? 

Ans. . 

Ques.  6.  How  much  of  the  land  have  you  cultivated,  and  foi 
how  many  seasons  have  you  raised  crops  thereon  ? 

Ans. •. 

Ques.  7.  Are  there  any  indications  of  coal,  salines,  or  minerals 
of  any  kind  on  the  land?  (If  so,  describe  what  they  are,  and  state 
whether  the  land  is  more  valuable  for  agricultural  than  for  mineral 
purposes.) 

Ans.  . 

Ques.  8.  Have  you  ever  made  any  other  homestead  entry  ? 
(If  so,  describe  the  same.) 


220  LAND-OFFICE 


Ans. 


Ques.  9.     Have  you  sold,  conveyed,  or  mortgaged  any  portion 
of  the  land;  and,  if  so,  to  whom,  and  for  what  purpose  ? 

Ans. . 


I  hereby  certify  that  the  foregoing  testimony  was  read  to  the 
claimant  before  being  subscribed,  and  was  sworn  to  before  me  this 
day  of ,  18 — . 


Note.— If  naturalized,  the  claimant  must  file  a  certified  copy  of  his  certificate 
of  naturalization.  In  a  commuted  homestead  a  foreign-born  claimant  must  file 
a  certified  copy  of  his  declaration  of  intention.  In  making  proof  the  party  must 
surrender  his  original  duplicate  receipt  or  file  affidavit  of  its  loss. 


[The  testimony  of  two  witnesses,  in  this  form,  taken  separately,  required  in 
each  case.  This  form  will  be  used  both  in  final  [homestead  proof  and  commuta- 
tion proof.] 

Homestead  Proof.— Testimony  of  Witness. 

being  called  as  a  witness  in  support  of  the  homestead 


entry  of for ,  testifies  as  follows: 

Ques.  1.  What  is  your  occupation,  and  where  is  your  resi- 
dence? 

Ans.  .  1      .  ,  , 

Ques.  2.     Have  you  been  well  acquainted  with ,  the 

claimant  in  this  case,  ever  since  he  made  his  homestead  entry 
No. ? 

Ans.  • 

Ques.  3.  Was  claimant  qualified  to  make  said  entry^  (State 
whether  the  settler  was  a  citizen  of  the  United  States;  over  the  age 
of  twenty-one  years,  or  the  head  of  a  family,  and  whether  he 
ever  made  a  former  homestead  entry.) 

Ans. . 

Qnes.  4.  When  did  claimant  settle  upon  the  homestead,  and 
at  what  date  did  he  establish  actual  residence  thereon?  (Describe 
the  dwelling  and  other  improvements,  giving  total  value  thereof.) 

Ans.  . 

Ques.  5.  Have  claimant  and  family  resided  continuously  on 
the  homestead  since  first  establishing  residence  thereon  ?  (If  set- 
tler is  married,  state  the  fact.) 

Ans.  . 

Ques,  6.  For  what  period  or  periods  has  the  settler  been 
absent  from  the  land  since  making  settlement,  and  for  wliat  pur- 
pose; and  if  temporarily  absent,  did  claimant's  family  reside  upon 
and  cultivate  the  land  during  such  absence  ? 

Ans.  . 


FORMS. 


221 


Ques.  7.  How  much  of  the  homestead  has  the  settler  culti- 
vated, and  for  how  many  seasons  did  he  raise  crops  thereon  ? 

Ans.  . 

Ques.  8.  Are  tliere  any  indications  of  coal,  salines,  or  miner- 
als of  any  kind  on  the  homestead  ?  (If  so,  describe  what  they  are, 
and  state  whether  the  land  is  more  valuable  for  agricultural  than 
for  mineral  purposes.) 

Ans. . 

Ques.  9.  Has  the  claimant  mortgaged,  sold,  or  contracted  to 
sell  any  portion  of  said  homestead  ? 

Ans.  . 

Ques  10.  Are  you  interested  in  this  claim,  and  do  you  think 
the  settler  has  acted  in  entire  good  faith  in  perfecting  his  entry  ? 

Ans.  . 


I  hereby  certify  that  the  witness  is  a  person  of  respectability ; 
that  the  foregoing  testimony  was  read  to  him  before  being  sub- 
scribed, and  was  sworn  to  before  me  this day  of ,  18 — 


Keceiver's  Final  Keceipt,  No.  .  Application  No. 

Homestead. 

Receiver's  Office 


{Date) ,  18—. 

Received  from ,  of county, ,  the  sum  of 


dollars  and cents,  being  the  balance  of  payment  required  by 

law  for  the  entry  of  the of  section ,  in  township of 

range ,  containing acres,  under  section of  the  Re- 


vised Statutes  of  the  United  States. 


Receiver. 


Final  Certificate  No. .  Application  No. . 

Homestead. 

Land-Office  at , 

{Pate>) ,  18—. 

It  is  hereby  certified,  pursuant  to  section  2291,  Revised  Statutes 

of  the   United   States,  that ,  of, county,  ,  has 

made  payment  in  full  for of  section  No. ,  in  township  No. 

,  of  range  No.  ,  containing acres. 

Now.  therefore,  be  it  known,  that  on  presentation  of  this  certifi- 


222  LAND-OFFIOE 

cate  to  the  Commissioner  of  the  General   Land-Office,  the  said 

shall  be  entitled  to  a  patent  for  the  tract  of  land  above 

described. 

,  RegiMer. 


[To  be  used  in  cases  of  commuted  homestead  entries.  For  taking  the  testimony 
of  claimant  and  his  witnesses  in  making  commutation  proof,  use  the  prescribed 
forms  for  "  Homestead  Proof."] 

Cominuted  Homestead  Affidavit. 

I, ,  claiming  the  riirht  to  commute,  under  section  2301 

of  the  Revised  Statutes  of  the  United  States,  my  homestead  entry 

No.  ,  made  upon  the section ,  township ,  range 

,  do  solemnly  swear  that  I  made  settlement  upon  said   land 

on  the day  of ,  18 — ,  and  that  since  such  date,  to  wit,  on 

the day  of 18 — ,  I  have  built  a  house  on  said   land,  and 

have  continued  to  reside   therein  up  to   the  present  time;  that  I 

have  broken  and  cultivated acres  of  said  land,  and  that  no 

part  of  said  land  has  been  alienated,  except  as  provided  in  section 
2288  of  the  Revised  Statutes,  but  that  I  am  the  sole  hona-fide 
owner  as  an  actual  settler. 

I  further  swear  that  I  have  not  heretofore  perfected  or  aban- 
doned an  entry  made  under  the  homestead  laws  of  the  United 
States. 


Land-Office, 


Subscribed  and  sworn  to  before  me  this 
day  of 

,  Register. 


Adjoining  Farm  Homestead. 


AFFIDAVrr. 


Land  Office  at 


•     {Date) ,  18—. 

I, ,  of ,  having  tiled  my  application  No.  ,  for 

an  entry  under  the  provisions  of  the  act  of  Congress  approved  May 
20,  1862,  entitled  'An  Act  to  secure  homesteads  to  actual  settlers 

on  the  public  domain,"   do   solemnly  swear   that {here 

state  whether  the  applieant  is  the  head  of  a  family^  or  over  twenty- 
one  years  of  age;  whether  a  citizen  of  the  United  States.,  or  has 
filed  his  declaration  of  iritention  of  becoming  such;  or^  if  under 
twenty-one  years  of  age,  that  he  has  served  not  less  than  fourteen 
days  in  the  army  or  nanyy  of  the  United  States  during  actual 
wa7')\  that  said  entry  is  made  for  my  own  exclusive   benefit,  and 


FORAis.  223 

not  directly,  or  indirectly,  for  the  benefit  or  use  of  any  other  person 
or  persons  whomsoever;  neither  have  1  heretofore  perfected  or 
abandoned  an  entry  made  under  this  act;  that  the  land  embraced 

in  said  application  No. is  intended  for  an    adjoining  farm 

homestead;  that  I  now  own  and  reside  upon  an  original  farm  con- 

taining acres,  and  no  morej  that  the  same  comprises  the 

of  section ,  township range ,  and  is  contiguous  to 

the  tract  this  day  applied  for. 

Sworn  to  and  subscribed  this 

day  of ,  before 


of  the  Land  Office. 


Final  Affidavit  Required  of  Adjoining  Farm  Homestead 

Claimants. 

I, ,  having  made  a  homestead  entry  of  the section 

No. ,  in  township    No.  ,  ot  range   No.  ,  subject  to 

entry  at ,  for  the  use  of  an  adjoining  farm  owned  and  occupied 

by  me  on  the of  section  No. ,  in   township  No. ,  of 

range  No. ,  under  section  2289  of  the  Revised  Statutes,  do 

now  apply  to  peifect  my  claim  thereto  by  virtue  of  section  2291  of 

the  same,  and  for  that  purpose  do  solemnly that  I  am  a  citizen 

of  the  United  States  ;  that  I  have  continued  to  own  and  occupy  the 
land  constituting  my  original  farm,  having  resided  thereon  since 

the day  of ,  18 — ,  to  the  present  time,  and  have   made 

use  of  the  said  entered  tract  as  a  part  of  my  homestead,  and  have 

improved  the  same  in  the  following  manner;  viz.,  .     That  no 

part  of  said  land  has  been  alienated,  but  that  I  am  the  sole  bona- 
jide  owner  as  an  actual  settler  ;  that  I  will  bear  true  allegiance  to 
the  Government  of  the  United  States  ;  and,  further,  that  I  have 
not  heietofore  perfected  or  abandoned  an  entry  under  the  home- 
stead laws. 


I, ,  of  the  land-office  at ,  do  hereby  certify  that  the 

above  affidavit  was  taken  and  subscribed  before  me  this  — —  day 

of ,  18—. 


[To  be  used  in  making  final  proof  in  cases  where  preemption  filings  have  been 
changed  to  homestead  entries  under  the  acts  of  March  3,  1877,  and  May  27, 
1878.] 

Pre-emption  Homestead  Affidavit. 

1, ,  having  changed  my  pre-emption  declaratory  state- 
ment No.  ,  tiled  the day ,  18 — ,  alleging  settlement 


224  LAND-OFFICE 

the day  of ,  18 — ,  for  the section  No. ,  in  town- 
ship No. ,  of  range  No. ,  to  homestead  entry   original 

No. ,  district  of  lands  subject  to  entry  at ,  under  the  act- 

of  Congress  approved  March  ^3,  1877,  and  May  27,  1878,  do  sol- 
emnly swear  that  I  have  never  had  the  benefit  of  any  right  of  pre- 
emption under  section  2259  of  the  Revised  Statutes  of  the  United 
States;  that  I  liave  not  heretofore  filed  a  pre-emption  declaratory 
statement  for  another  tract  of  land  ;  that  I  was  not  the  owner  of 
three  hundred  and  twenty  acres  of  land  in  any  State  or  Territory 
of  the  United  States  at.any  time  during  the  above-mentioned  period 
of  settlement  under  the  pre-emption  statutes;  that  I  did  not  re- 
move from  my  own  land  within  the  State  of to  make  the  set- 
tlement above  referred  to;  nor  have  I  settled  upon  and  improved 
said  land  to  sell  the  same  on  speculation,  but  in  good  faith  to  ap- 
propriate it  to  my  exclusive  use  or  benefit ;  and  that  I  did  not, 
during  the  period  of  pre-emption  settlement  above-mentioned, 
directly  or  indirectly,  make  any  agreement  or  contract,  in  any  way 
or  manner,  with  any  person  or  persons  whatsoever,  by  which  the 
title  which  I  might  acquire  from  the  Government  of  the  United 
States  would  inure,  in  whole  or  in  part,  to  the  benefit  of  any  per- 
son except  myself. 

I, ,  of  the  land-office ,  do  hereby  certify  that  the 

above  affidavit  was  subscribed  and  sworn  to  before  me  this 

day  of ,  18 — . 


Additional  Homestead.— Act  of  March  3,  1879. 

Application    )  Land-Office  at  , 

%,  .   \  {Bate)  ,  18—. 

I, ,  of ,  do  hereby  apply  to  enter,  under  the  act  of 

March  3,  1879,  the of  section,  in  township    ,   of  range 

,  containing acres,  as  additional  to  my  entry  No.  , 

for  the of ,  section  -,  in  township ,  of  range 

Land-Office  at , 

{Bate) ,  18—. 

1, ,  register  of  the  land-office,  do  hereby  certify  that 

the  above  application  is  for  surveyed  lands  of  the  class  which  the 
applicant  is  legally  entitled  to  enter  under  the  act  of  March  3, 
1879,  and  that  there  is  no  prior  valid  adverse  right  to  the  same. 

,  Register. 

Additional  Homestead.— Act  of   March  3,  1879. 

AFFIDAVIT. 

LaNI>OfFICE  a  I'  , 

{Bate)  ,  18—. 

I, ,  of ,  having  filed  my  application  No.  ,  for 

an  entry  under  the  act  of  March  3,  1879,  do  solemnly  swear  that 


FOKMS.  225 

Qiere  state  whetlier  the  appUcant  is  the  head  of  a  family,  or  over 
twenty-one  years  of  age\  xohether  a  citizen  of  the  United  States, 
or  has  filed  his  deolaration  or  intention  of  hecotning  such;  or,  if 
under  twenty-one  years  of  age,  that  he  has  served  not  less  than  four- 
teen days  in  the  army  or  navy  of  the  United  States  dttring 
actual  loary,  that  said  application  No.  is  made  for  my  exclu- 
sive benefit;  and  that  said  entry  is  made  for  the  purpose  of  actual 
settlement  and  cultivation,  and  not,  directly  or  indirectly,  for  the 
use  or  benefit  of  any  other  person  or  persons  whomsoever,  and 
that  I  have  not  heretofore  had  the  benefit  of  said  act. 


Sworn  to  and  subscribed  this 
—  day  of ,  before 


Register  and  Receiver. 


Soldiers'    Homestead. 

HOMESTEAD    DECLARATION- 

No. Land-Office  at , 

{Date)  ,  18—. 

I, -,  do  hereby  declare  and  give  notice  that  I  claim  for 

a  homestead,  under  section  2304  of  the  Revised  Statutes  of  the 
United  States,  granting  homesteads  to  honorably  discharged  sol- 
diers and  sailors,  their  widows  and  orphans,  the  of  section 

,  of  township ,  of  range ,   containing acres;  and 

I  farther  declare  that  I  take  the  said  tract  of  land  for  actual  settle- 
ment and  cultivation  and  for  my  own  use  and  benefit. 

Per 


His  Attorney  in  fact. 


Soldiers'    Homestead. 


APPLICATION. 


LaJSTD-OfFICE  AT 


{Date)- — ,  18—. 

I'  ,    hereby  apply   to   enter,    under  section  2304  of 

the   Revised   Statutes   of  the  United  States,  the  of  section 

,  of  township ,  of  range ,  containing acres;  and 

for  which  I  filed  my  declaration  on  the day  of  • ,  through 

,  my  duly  appointed  agent. 


I' .  register  of  the  land-office  at ,  do  hereby  certify 

that filed  the  above  application  at  this  oflice  on  the 

15 


*> 


226  LAJ!n)-OFFICB 

day  of ,  and  that  he  has  taken  the  oath  and  paid  the  fees  and 

commissions  prescribed  by  law. 

,  Register. 


Soldiers'   Homestead. 

AFFIDAVIT. 

No.  — .  Land-Office  at , 

{Date) ,  18—. 

I, -^  of -,  do  so^lemnly  swear  that  I  am  a ,  of  the 

age  of  twenty-one  years  and  a  citizen  of  the  United  States;   that  I 

served  for  ninety  days  in  company  - — », regiment    United 

States  volunteers;  that  I  was  mustered  into  the  United  States  mil- 
itary service  the day  of ,  and  was   honorably  discharged 

therefrom  on  the day  of ;  that  I  have   since  borne   true 

allegiance  to  the  Government;  and  that  I  have  made  my  applica- 
tion, No. ,  to  enter  a  tract  of  land  under  section  2304  of  the 

Revised  Statutes  of  the  United  States,  giving  homesteads  to  hon- 
orably discharfjed  soldiers  and  sailors,  their  widows  and  orphan 
children;  that  I  have  made  said  application  in  good  faith,  and  that 
I  take  said  homestead  for  the  purpose  of  actual  settlement  and 
cultivation,  and  for  my  own  exclusive  use  and  benefit,  and  for  the 
use  and  benefit  of  no  other  person  or  persons  whomsoever;  and 
that  I  have  not  heretofore  acquired  a  title  to  a  tract  of  land  under 
the  homestead  laws,  or  voluntarily  relinquished  or  abandoned  an 
entry  heretofore  made  under  said  laws  :  so  help  me  God. 


Sworn  to  and  subscribed  before  me, register  of 

the  land-office  at  — ,  this  —  day  of ,  18 — . 

Register. 


Soldiers'  Additional  Homestead  Entry  under  Section  2306 
of  the  Revised  Statutes  of  the  United  States. 


APPLICATION. 


No.  .  Land-Office  at , 

{Date) ,  18—. 

I, ,  of county,  State  of ,  being  entitled  to  the 

benefits  of  section  2306  of  the  Ilevised  Statutes  of  the  United 
States,  granting  additional  lands  to  soldiers  and  sailors  who  served 

in  the  war  of  the  Rebellion,  do  hereby  apply  to  enter  the of 

section  ,  of  township  ,  of  range  ,  containing 

acres,  as  additional  to  ray  original  homestead  on  the of  sec- 
tion   ,  of  township ,  of  range ,  containing acres, 

which  I  entered ,  18 — ,  per  homestead  No.  . 


FOBMS.  227 

Land-Office  at . 


{Date) ,  18—. 

I, ,  register  of  the  land-office  at ,  do  hereby  cer- 
tify that filed  the  above  application  before  me  for  the 

tract  of  land  therein  described,  and  that  he  has  paid  the  fee  and 
commissions  prescribed  by  law. 

,  Register. 


Soldiers'  Additional  Homestead  Entry  under  Section  2306 
of  the  Revised  Statutes  of  the  United  States. 

Land-Office  at  , 


{Date)  ,  18—. 

Final  Certificate  )                                                             (  Application, 
No. .        f  I    No. . 

It  is  hereby  certified  that,  pursuant  to  the  provisions  of  section 

2306  of  the  Revised  Statutes  of  the  Uniced  States, —  has 

paid  the  fee  and  commissions,  and  made  entry  of  the of  sec- 
tion   ,  of  township ,  of  range ,  containing  —. acres, 

which,  added  to  the  quantity  embraced  in  his  original  homestead, 

No. ,  on  which  he  made  his  final  proof,  as  per  certificate  No. 

,  does  not  exceed  160  acres. 

Now,  therefore,  be  it  known  that,  on  presentation  of  this  certifi- 
cate  to  the  Commissioner  of  the  General  Land-Office,  the  said 

shall  be  entitled  to  a  patent  for  the  tract  of  land  above 

described. 

,  Register. 


Indiqn  Homestead  under  Act  of  March  3,  1875. 

AFFIDAVIT. 

I, ,  of ,  having  filed  my  application  No. for 

an  entry  under  the  provisions  of  the  act  of  Congress  of  March  3, 
1875,  do  solemnly  swear  that  I  am  an  Indian,  formerly  of  the  — • — 
tribe;  that  I  was  born  in  the  United  States;  that  I  have  abandoned 
my  relations  with  that  tribe  and  adopted  the  habits  and  pursuits  of 
civilized  life  {here  state  whether  the  applicant  is  twenty-one  years 
of  age^  or  the  head  of  a  family)  \  that  I  desire  said  land  for  the 
purpose  of  actual  settlement  and  cultivation,  and  not,  directly  or 
indirectly,  for  the  use  or  benefit  of  any  other  person  or  persons 
whomsoever;  and  that  I  have  not  heretofore  had  the  benefit  of 
said  act. 


Sworn  to  and  subscribed  before  me,  this 
day  of ,  18—. 


Register  {or  Receiver.) 


228  LAND-OFFICE 

Corroborative  AflBdavit— Indian  Homestead — Under  Act 

March  3,  1875. 

and do  solemnly  swear  that  wo  are  well 

acquainted  with ,  and  know  that  he  is  an  Indian,  for- 
merly of  the tribe;  that  he  was  born  in  the  United  States; 

'that  he  has  abandoned  his  relations  with  that  tribe,  and  adopted 
the  habits  and  pursuits  of  civilized  life  {here  state  that  he  is  twenty- 
one  years  of  age^  or^  if  not,  that  he  is  the  head  of  a  family'). 


Sworn  to  and  subscribed  before  me,  this 
day  of ,  18—. 


Timber-Culture— Act  of  June  14, 1878. 

APPLICATION    NO.   

I, ,  hereby  apply  to  enter,  under  the  provisions  of  the 

act  of  June  14,  1878,  entitled,  "An  Act  to  amend  an  act  entitled, 
"An  Act  to  encourage  the  growth  of  timber  on  the  Western  prai- 
ries,'" the of  section ,  in  township ,  of  range , 

containing acres. 


Land-Office  at 


{Date) ,  18—. 

I, ,  register  of  the  land-office,  do  hereby  certif}^  that 

the  above  application  is  for  the  class  of  lands  which  the  applicant 
is  legally  entitled  to  enter  under  the  provisions  of  the  timber-cult- 
ure act  of  June  14,  1878;  that  there  is  no  prior  valid  adverse 
right  to  the  same,  and  that  the  land  therein  described,  together 
with  the  lands  heretofore  entered  under  this  act  and  the  acts  of 
which  this  is  amendatory  in  the  said  section,  does  not  exceed  one 
quarter  thereof. 

,  Register^. 


Timber-Culture— Act  of  June  14,  1878. 

affidavit. 

Land-Office  at , 

{Date) ,  18~. 

I, ,  having  filed  my  application  No.  ,  for  an  entry 

under  the  provisions  of  an  act  entitled  "An  Act  to  amend  an  act 
entitled  'An  Act  to  encourage  the  growth  of  timber  on  the  Western 
prairies,' "  approved  June  14,  1878,  do  solemnly that  I  am 


FORMS.  229 

the  head  of  a  family  (r?;*  over  tioenty-one  years  of  age),  and  a  citizen 
of  the  United  States  {or  have  declared  Tny  intention  to  become  such); 
that  the  section  of  land  specified  in  my  said  application  is  composed 
exclusively  of  prairie  lands,  or  other  lands  devoid  of  timber;  that 
tins  filing  and  entry  is  made  for  the  cultivation  of  timber,  and  for 
my  own  exclusive  use  and  benefit;  that  I  have  made  the  said  appli- 
cation in  good  faith,  and  not  for  the  purpose  of  speculation,  or, 
directly  or  indirectly,  for  the  use  or  benefit  of  any  other  person  or 
persons  whomsoever;  that  I  intend  to  hold  and  cultivate  the  land, 
and  to  fully  comply  with  the  provisions  of  this  said  act;  and  that 
I  have  not  heretofore  made  an  entry  under  this  act,  or  the  acts  of 
which  this  is  amendatory. 

Sworn  to  and  subscribed  before  me,  this 
day  of ,  18—. 


Timber-Culture. 

Receiver's  Receipt,  )                                                '         i  Application 
No.  .  I  I    No. . 

Receiver's  Office, 


(Date) ,  18—. 

Received  of the  sum  of dollars cents,  being 

the  amount  of  fee  and  compensation  of  register  and  receiver  for  the 

entry  of of  section ,   in  township  ,  of  range  , 

under  the  first  section  of  the  act  of  Congress  approved  June  14, 
1878,  entitled  "  An  Act  to  amend  an  act  entitled  "An  Act  to  en 
courage  the  growth  of  timber  on  the  Western  prairies.'  " 

$ .  ,  Receiver. 


Desert  Land— Act  of  March  3,  1877. 

DECLARATION. 

No. .  Land-Office  at , 

{Date) ,  18 — . 

I, ,  of county, of ,  being  duly  sworn 

depose  and  declare,  that  I  am  a  citizen  of  the  United  States,  of  the 
age  of ,  and  a  resident  of  said  county  and ,  and  by  occupa- 
tion a ;  that  I  intend  to  reclaim  a  tract  of  desert  land,  not 

exceeding  one  section,  by  conducting  water  upon  the  same,  within 
three  years  from  date,  under  the  provisions  of  the  act  of  Congress 
approved  March  3,  1877,  entitled,  "  An  Act  to  provide  for  the  sale 
of  desert  lands  in  certain  States  and  Territories."  The  desert 
land  which  I  intend  to  reclaim  does  not  exceed  one  section, 
and  is  situated  in county,  in  the  land  district,  and  is 


230  LAUD-OFFICE 

described  as  follows,  to  wit :  the of  section  No.  ,  town- 
ship No.  ,  range  No.  ,  containing acres.      I  further 

depose,  that  I  have  made  no  other  declaration  for  desert  lands 
under  the  provisions  of  said  act;  that  the  land  above  described 
will  not,  without  irrigation,  produce  an  agricultural  crop;  that  there 
is  no  timber  growing  upon  said  land;  that  there  is  not,  to  my 
knowledge,  within  the  limits  thereof,  any  vein  or  lode  of  quartz, 
or  other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or 
copper,  or  any  deposit  of  coal;  that  there  is  not  within  the  limits  of 
said  land,  to  my  knowledge,  any  placer,  cement,  gravel,  or  other 
valuable  mineral  deposit  or  salines;  that  no  portion  of  said  land  is 
claimed  for  mining  purposes,  under  the  local  customs  or  rules  of 
miners  or  otherwise ;  that  no  portion  of  said  land  is  worked  for  mineral 
during  any  part  of  the  j'ear  by  any  person  or  persons;  that  said  land 
is  essentially  non-mineral  land;  that  I  became  acquainted  with  said 

land  by ;  and  that  my  declaration  therefor  is  not  made  for  the 

purpose  of  fraudulently  obtaining  title  to  mineral  land,  timber 
land,  or  agricultural  land,  but  for  the  purpose  of  faithfully  reclaim- 
ing, within  three  years  from  the  date  hereof,  by  conducting  water 
thereon,  a  tract  of  land  which  is  desert  land  within  the  meaning  of 
the  act. 


Land-Office  at   . 

{Date) ,  18—. 

I   hereby  certify   that  the  foregoing  declaration  was  this  day 
sworn  to  and  subscribed  before  me. 

,  Register. 

,  Receiver. 


Desert-Iiand— Act  of  March  3,  1877. 

AFFIDAVIT. 

No. .  Land- Office  AT ,       '' 

{Date) ,  18—. 

I, ,  of  county,  ,    being   duly    sworn, 

declare,  upon  oath,  that  I  am  a  resident  of  said  county  and ; 

that  I  am  of  the  age  of ,  and  by  occupation  a ;  that  I  am 

well  acquainted  with  the  character  of  each  and  every  legal  subdi- 
vision of  tiie  following  described  land;  the section  No.  , 

township  No. ,  range  No. ,  containing acres;  that  I  be- 
came acquainted  with  said  land  by ;  that  Ihave  been  acquainted 

with  it  for years  last  past;  that  1  have  frequently  passed  over 

it;  that  my  knowledge  of  said  land  is  such  as  to  enable  me  to 
testify  understandingly  concerning  it;  that  the  same  is  desert  land 
within  the  meaning  of  the  second  section  of  the  act  of  Congi'ess 
approved  March  3.  1877,  entitled  "An  Act  to  provide  for  the  sale 
of  desert  lands  in  certain  States  and  Territories;"  that  said  land 


FORMS.  231 

will  not,  without  artificial  irrigation,  produce  any  agricultural 
crop;  that  no  agricultural  ciop  has  ever  been  raised  or  cultivated 
on  said  land  for  the  reason  that  it  does  not  contain  sufficient 
moisture  for  successful  cultivation;  that  the  same  is  essentially  dry 
and  arid  land,  wholly  unfit  for  cultivation  without  artificial  irriga- 
tion; that  said  land  cannot  be  successfully  cultivated  without 
reclamation  by  conducting  water  thereon;  that  said  land  has 
hitherto  been  unappropriated,  unoccupied,  and  unsettled.  Because 
it  has  been  impossible  to  cultivate  it  suces?fully  on  account  of  its 
dry  and  arid  condition;  that  it  is  a  fact  well  known,  patent,  and 
notorious,  that  the  same  will  not,  in  its  natural  condition,  produce 

any  crop,  that  the  land  is  the ;  that  there  is  no  timber  growing 

thereon,  but  that  it  is  devoid  of  timber;  that  there  is  not,  to  my 
knowledge,  within  the  limits  thereof,  any  vein  or  lode  of  quartz, 
or  other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or 
copper,  or  any  deposit  of  co^.1;  that  there  is  not,  within  the  limits 
of  said  land,  to  my  knowledge,  any  placer,  cement,  gravel,  or 
other  valuable  mineral  deposit  or  salines;  that  no  portion  of  said 
land  is  claimed  for  mining  purposes  under  the  local  customs  or 
rules  of  miners  or  otherwise;  that  no  portion  of  said  land  is  worked 
for  mineral  during  any  part  of  the  year  by  any  person  or  persons; 
that  saitl  land  is  essentially  non-mineral  land;  that  I  am  not 
interested  in  any  way  or  manner,  directly  or  indirectly,  present  or 
prospective,  in  any  application  or  declaration  made  or  to  be  made 
for  said  land  or  in  the  land  itself,  or  in  the  title  which  may  by  any 
person  or  in  any  manner  be  acquired  thereto. 


Desert  Land  Certificate. 

No. .  United  States  Land- Office, 

,  18—. 

It  is  hereby  certified  that  under  the  provisions  of  the  act  of  Con- 
gress approved  March  3,  1877,  entitled  "An  Act  to  provide  for  the 

sale  of  desert  lands  in  certain  States  and  Territories," 

has   this   day  filed  in  this   office  his  declaration  of  intention  to 

reclaim  the  following-described  tract  of  land,  viz. : ;  that  he 

has  proven  to  our  satisfaction  that  the  said  tract  of  land  is 
desert  land  as  defined  in  the  second  section  of  said  act,  and  that  he 

has  paid  to  the  receiver  the  sum  of dollars,  being  at  the  rate 

of  twenty-five  cents  per  acre  for  the  land  above  described. 

It  is,  therefore,  further  certified,  that  if  within  three  years  from 
the  date  hereof  the  said ,  his  heirs  or  legal  representa- 
tives shall  satisfactorily  prove  that  the  said  land  has  been  reclaimed 
by  carrying  water  thereon,  and  shall  pay  to  the  receiver  the  addi- 
tional sum  of  one  dollar  per  acre  for  the  land  above  described,  he 


232  LAND-OFFICE 

or  they  shall  be  entitled  to  receive  a  patent  therefor  under  the 

provisions  of  the  said  act.  . 

,  Register. 

® ,  Receiver. 


Note  —The  word  "heirs"  is  substituted  in  this  form  for  the  word  "  assignee," 
the  Secretary  of  the  Interior  having  declined  to  recognize  the  assignment  of  desert 
land  claims. 


Final  Proof  Under  tlie  Desert  Land  Act  of  March  3,  1877. 

[see  pre-emption  proof.] 


Final  Proof  Under  the  Desert  Land  Act  of  March  3  ,1877. 

[see  pre-emption  final  proof.] 


Desert  Land— Act  of  March  3,  1877. 

Receiver's  Final  Receipt  No. .  Declaration  No.  — 

Land-Office  at  , 

{Date) ,  IS—. 

Received  from ,  of county,  ,  the  sum  of 


dollars  and cents,  being  final  payment  of  one  dollar  per  acre  for 

tljQ containing acre?,  at  one  dollar  and  twenty-live  cents 

per*acre,  the  sum  of  twenty-five  cents  per  acre  having  been  here- 
tofore paid,  as  per  original  receipt  No. .  ^ 

*  ■ ,  Receiver. 


Desert  Land— Act  of  March  3,  1877. 

Register's  Final  Certificate  No.  Declaration  No.  . 

Land-Office  at , 

{Date) ,  18—. 

It  is  hereby  certified  that,  in  pursuance  of  the  act  of    Congress, 
approved  March  8,  1877,  entitled  ''An  Act  to  provide  for  the  sale 

of  desert  lands   in  certain  States   and  Territories," ,  of 

countv.  State  or  Territory  of ,  has  purchased  of  the  regis- 
ter of  this  oftice  and  made  payment  in  full  for  the  land  described 

as  follows,  to  wit  :  ,  containing acres,  at  the  rate  of  one 

dollar  and  twenty-five  cents  per  acre,  amounting  to   dollars. 

Now,  therefore,  be  it  known,  that  on  presentation  of  this  certifi- 
cate to 'the  Commissioner  of  the  General   Land-Office,  the    said 


FORMS.  233 

sliall  be  entitled  to  receive  a  patent  for  the  tract  of  land 

above  described. 

,  Register. 


Note. — See  original  declaration  and  receipt,  No.  — . 


Timber  and  Stone  Lands— Act  of  June  3, 1878. 

sworn  statement. 

Land-Office  at , 

{Date) ,  18—. 

of  county, ,  desiring  to   avail   myself  of 


the  provisions  of  the  act  of  Congress  of  June  3, 1878,  entitled  "An 
Act  for  the  sale  of  timber  lands  in  the  States  of  California,  Oregon, 
Nevada,  and   in  Washington  Territory,"  for  the  purchase   of  the 

of  section ,    township ,  of  range ,  do  solemnly 

that  I* ;  that  the  said  land  is  unfit  for  cultivation,   and 

valuable  chiefly  for  its ;  that  it  is  uninhabited ;  that  it  contains  no 

mining  or  other  improvements ;  nor,  as  I  verily  believe,  any 

valuable  depo.sit  of  gold,  silver,  cinnabar,  copper,  or  coal;  that  I 
have  made  no  other  application  under  said  act;  that  I  do  not  apply 
to  purchase  the  land  above  described  on  speculation,  but  in  good 
faith  to  appropriate  it  to  ray  own  exclusive  use  and  beneiit;  and  that 
I  have  not,  directly  or  indirectly,  made  any  agreement  or  contract, 
in  any  way  or  manner,  with  any  person  or  persons  whomsoever,  by 
which  the  title  which  I  may  acquire  from  the*  Government  of  the 
United  States  may  inure,  in  whole  or  in  part,  to  the  benefit  of  any 
person  except  myself. 

Sworn  to  and  subscribed  before  me 
tbis day  of ,  18  - . 


The  following  are  the  Locations  of  the  United  States 

Land-Offices 

Alabajvia. — Huntsville,  Montgomery. 

Arkansas. — Little  Rock,  Camden,  Harrison,  Dardanelle. 

Arizona  Ter. — Prescott,  Florence. 

California. — San  Francisco,  Marysville,  Humboldt,  Stockton, 
Visalia,  Sacramento,  Los  Angeles,  Shasta,  Susanville,  Bodie. 

Colorado. — Denver  City,  Leadville,  Central  City,  Pneblo,  Del 
Norte,  Lake  City. 

*  In  case  the  party  has  been  naturalized,  or  has  declared  his  intention  to  be- 
come a  citizen,  a  certified  copy  of  bis  certificate  of  naturalization  or  declaration 
of  intention,  as  the  case  may  be,  must  be  furnished. 


234  U.  S.   LAKD-OFFICES. 

Dakota  Ter. — Mitchell,  Watertown,  Fargo,  Yankton,  Bismarck, 
Deadwood,  Grand  Forks. 

Florida. — Gainesville. 

Idaho  Ter. — Boise  City,  Lewiston,  Oxford. 

Iowa. — Des  Moines. 

"Kansas. — Topeka,  Salina,  Indeoendence,  Wichita,  Kirwin,  Con- 
cordia, Earned,  Wa-Keeny. 

Louisiana. — New  Orleans,  Natchitoches. 

Michigan. — Detroit,  East  Saginaw,  Reed  City,  Marquette. 

Minnesota. — Taylor's  Falls,  Saint  Cloud,  Duluth,  Fergus  Falls, 
Worthington,  Tracy,  Benson,  Crookston,  Redwood  Falls. 

Mississippi.  — Jackson . 

Missouri. — Boonville,  Ironton,  Springfield. 

Montana  Ter. — Miles  City,  Helena,  Bozeman. 

Nebraska. — Norfolk,  Beatrice,  Lincoln,  Niobrara,  Grand  Island, 
North  Platte,  Bloomington. 

Nevada. — Carson  City,  Eureka. 

New  Mexico  Ter. — Santa  Fe,  La  Mesilla. 

Oregon. — Oregon  City,  Roseburg,  Le  Grand,  Lakeview,  The 
Dalles. 

Utah  Ter. — Salt  Lake  City. 

Washington  Ter. — Olyinpia,  Vancouver,  Walla  Walla,  Colfax, 
Yakima. 

Wisconsin. — Menasha,  Falls  of  St.  Croix,  Wausau,  La  Crosse, 
Bayfield,  Eau  Clare. 

Wyoming  Ter. — Cheyenne,  Evanston. 

Note.— By  act  of  July  31,  1876,  the  land-oflSces  in  Ohio,  Indiana  and  Illinois 
■were  abolished;  and  by  act  of  March  3,  1877,  the  vacant  tracts  of  public  land 
in  Ohio,  Indiana  and  Illinois  are  made  subject  to  entry  and  location  at  the  Gen- 
eral Land-Office,  Washington,  D.  C 


CHAPTER  IX. 


MILITARY  BOUNTY-LAND  LAWS,  WITH  USTSTRTTC- 

TIONS  TO  REGISTERS  AND  RECEIVERS,  AND 

FORMS    FROM    THE    SECRETARY    OF 

THE  INTERIOR. 

The  following  sections  of  the  Revised  Statutes  of  the  United 
States  refer  to  the  assignment  of  military  bounty-land  warrants 
and  locations  made  therewith;  and  to  the  application  of  such  war- 
rants to  the  location  of  public  lands,  viz. : — 

Sec.  2414.  All  warrants  for  military  bounty  lands  which  have 
been  or  may  hereafter  be  issued  under  any  law  of  the  United 
States,  and  all  valid  locations  of  the  same  which  have  been  or  may 
hereafter  be  made,  are  declared  to  be  assignable  by  deed  or  instru- 
ment of  writing,  made  and  executed  according  to  such  form  and 
pursuant  to  such  regulations  as  may  be  subscribed  by  the  Commis- 
sioner of  the  General  Land-Office,  so  as  to  vest  the  assignee  with 
all  the  rights  of  the  original  owner  of  the  warrant  or  location. 

Sec.  2415.  The  warrants  which  have  been  or  may  hereafter  be 
issued  in  pursuance  oi  law  may  be  located  according  to  the  legal 
subdivisions  of  the  public  lands  in  one  body  upon  any  lands  of  the 
United  States  subject  to  private  entry  at  the  time  of  such  location 
at  the  minimum  price.  When  such  warrant  is  located  on  lands 
which  are  subject  to  entry  at  a  greater  minimum  than  one  dollar 
and  twenty-five  cents  per  arce,  the  locator  shall  pay  to  the  United 
States  in  cash  the  diiference  between  the  value  of  such  warrants 
at  one  dollar  and  twenty-five  cents  per  acre  and  the  tract  of  land 
located  on.  But  where  such  tract  is  rated  at  one  dollar  and  twenty- 
five  cents  per  acre,  and  does  not  exceed  the  area  specified  in  the 
warrant,  it  must  be  taken  in  full  satisfaction  thereof. 

Sec.  2444.  When  proof  has  been  or  hereafter  is  filed  in  the 
pension  office,  during  the  life-time  of  a  claimant,  establishing,  to 
the  satisfaction  of  that  office,  his  right  to  a  warrant  for  military 
services,  and  such  warrant  has  not  been,  or  may  not  be,  issued 
until  after  the  death  of  the  claimant,  and  all  such  warrants  as  have 

(235) 


236  MILITARY    BOUNTY 

been  heretofore  issued  subsequent  to  the  death  of  the  claimant, 
the  title  to  such  warrants  shall  vest  in  his  widow,  if  there  be  one, 
and  if  there  be  no  widow,  then  in  the  heirs  or  legatees  of  the 
claimant;  and  all  military  bounty-land  warrants  issued  pursuant 
to  law  shall  be  treated  as  personal  chattels,  and  may  be  conveyed 
by  assignment  of  such  widow,  heirs,  or  legatees,  or  by  the  legal 
representatives  of  the  deceased  claimant,  for  the  use  of  such  heirs 
or  legatees  only. 

Sec.  227Y.  All  warrants  for  military  bounty  lands,  which  are 
issued  under  any  law  of  the  United  States,  shall  be  received  in 
payment  of  pre-emption  rights  at  the  rate  of  one  dollar  and  twenty- 
five  cents  per  acre,  for  the  quantity  of  land  therein  specified;  but 
where  the  land  is  rated  at  one  dollar  and  twenty-five  cents  per 
acre,  and  does  not  exceed  the  area  specified  in  the  warrant,  it  must 
be  taken  in  full  satisfaction  thereof. 

Sec.  2436.  All  sales,  mortgages,  letters  of  attorney,  or  other 
instruments  of  writing,  going  to  afi:ect  the  title  or  claim  to  any 
warrant  issued,  or  to  be  issued,  or  any  land  granted,  or  to  be 
granted,  under  the  preceding  provisions  of  this  chapter,  made  or 
executed  prior  to  the  issue  of  such  warrant,  shall  be  null  and  void 
to  all  intents  and  purposes  whatsoever;  nor  shall  such  warrant,  or 
the  land  obtained  thereby,  be  in  anywise  affected  by,  or  charged 
with,  or  subject  to,  the  payment  of  any  debt  or  claim  incurred  by 
any  oflBcer  or  soldier,  prior  to  the  issuing  of  the  patent. 

Sec.  2238.  Kegisters  and  receivers,  in  addition  to  their  sala- 
ries, shall  be  allowed  each  the  following  fees  and  commissions, 
namely: 

****** 

Fifth.  For  locating  military  bounty-land  warrants  issued  since 
the  eleventh  day  of  February,  eighteen  hundred  and  forty-seven, 
and  for  locating  agricultural  college  land-scrip,  the  same  commis- 
sion to  be  paid  by  the  holder  or  assignee  of  each  warrant  or  scrip 
as  is  allowed  for  sales  of  the  public  lands  for  cash,  at  the  rate  of 
one  dollar  and  twenty-five  cents  per  acre. 


FORMS  FOR  MILITARY  BOUNTY  LANDS. 

"^orm.— For  the  Assignment  of  a  Warrant  by  the  War- 
rantee. 

For  value  received  I,  A  B,  to    whom  the  within  warrant,  No. 
,  was  issued,  do  hereby   sell  and  assign  unto  C   D,  of 


FORMS.  237 

county, ,  and  to  his  heirs  and  assignees  forever,  the  said  war- 
rant, and  authorize  him  to  locate  the  same  and  receive  a  patent 
therefor. 

Witness  my  hand  and  seal  this day  ot ,  18 — , 

Attest:  A  B.  [seal.] 

E  F. 

GH. 


Form. — Of  Acknowledgment  Where  the  Vender  is  Known 
to  the  Officer  Taking  the  Same. 


State  of         •.  .  CO 


County 


:'l 


On  this day  of ,  18 — ,  before  me,  personally  came  A 

B,  to  me  well  known,  and  acknowledged  the  foregoing  assignment 
to  be  his  act  and  deed,  and  I  certify  that  the  said  A  B  is  the  iden- 
tical person  to  whom  the  within  warrant  issued,  and  who  executed 
the  foregoing  assignment  thereof. 

•"Officer's  Signature.] 


Form. — Of  Acknowledgment   Where   the  Vender  is  not 
Known  to  the  Officer,  and  His  Identity  has 
to  be  Proven. 

State  of         .  -  c-o 


County. 


On  this day  of ,  18 — ,  before  me  personally  came  A 

B  and  E  F,  of  the  county  of ,  in  the  State  of ,  and  the 

said  E  F,  being  well  known  to  me  as  a  credible  and  disinterested 
person,  was  duly  sworn  by  me,  and  on  his  oath  declared  and  said 
that  he  well  knows  the  said  A  B,  and  that  he  is  the  same  person 
to  whom  the  within  warrant  issued,  and  who  executed  the  forego- 
ing assignment;  and  his  testimony  being  satisfactory  evidence  to 
me  of  that  fact,  the  said  A  B   thereupon  acknowledged  the  said 

assignment  to  be  his  act  and  deed. 

[Officer's  Signature.] 


Form.— For  the  Assignment  of  a  Warrant  by  the  Assignee. 

For  value  received  I,  C  D,  to  whom  the   within  warrant,   Ko. 
-,  was  assigned,  do  hereby  sell  and  assign  unto  E  F,  of 


county, ,  and  to  his  heirs  and  assigns  forever,  the  said  war- 
rant, and  authorize  him  to  locate  the  same  and  receive  a  patent 
therefor. 

Witness  my  hand  and  seal  this day  of ,  18 — . 

Attest:  C   D.  [seal.] 

GH. 
1  J. 


238  MILITARY  BOUNTY 

Form.— For  the  Certificate  of  Acknowledgment  of  an  As- 
signment lichen  the  Same  is  Written  on  a  Separate 
Paper  and  Attached  to  the  Warrant. 

State  of .  )  ^^ 

ss. 


-} 


■County 
On  this day  of ,  18 —  before,  me  personally  came- 


to  me  well  known,  and  acknowledged  the  foregoing  assignment  to 

be act  and  deed,  and  in  my  presence  this   day  subscribed 

name  thereto;  and  I  certify  that  the  said is  the  identical 

person  to  whom  the  annexed  warrant,  No.  ,  was  assigned,  and 

that  the  said  warrant,  at  the  time  of  making  the  foregoing  assign- 
ment, was  presented  by  and  in  the  possession  of  him,  the  said . 

[seal.. J 


Form. — For  the  Assignment  of  a  Warrant  by  an  Adminis- 
trator. 

For  value  received  I,  A  B,  administrator  of  the  estate  of  G  D, 
deceased,  who  died  intestate,  to  whom  the  within  warrant,  No. 

,  was  issued,  do  hereby  sell  and  assign,  '"  for  the  use  of  the 

heirs'  only,"  unto  E  F,  of county, ,  and  to  his  heirs 

and  assigns  forever,  the  said  warrant,  and  authorize  him  to  locate 
the  same  and  receive  a  patent  therefor. 

Witness  my  hand  and  seal  this day  of ,  18 — . 

A  B,  [seal.] 
Administrator. 

Attest: 

GH. 
IJ. 

See  Rule  No.  34. 

Note.— A  certified  copy  of  the  letters  of  administration  must  accompany  this 
assignment,  or  a  certificate  filed  from  the  clerk  of  the  proper  court  that  said  letters 
had  "been  duly  issued  and  mere  in  force  at  the  date  of  the  assignment. 

If  the  da<e  of  the  death  of  the  warrantee  is  not  stated  in  the  Letters  of  Adminis- 
tration, or  other  evidence  as  above  mentioned,  the  same  mmt  appear  in  the  clerk's 
certificate  appended  thereto. 


Form.— For  the  Acknowledgment. 


State  of , )  gg 

•  1 


County.  , 

On  this day  of ,   18—,  before  me  personally  came 

,  to  me  well  known,  and  acknowledged  the  foregoing  assign- 


ment to  be act  and  deed,  and  in  my  presence  subscribed 

name  thereto  ;  and  I  certify  that  the  said is  administrator  of 

the  estate  of  the  warrantee  ,   deceased,  to  whom  the  within 

warrant.  No.  ,   was  issued  and  who  executed  the  foregoing 

assignment  thereof. 


FORMS. 


239 


Witness  my  band  and  official  seal  the  day  and  year  above  written. 

L0ffic(T'3  Signature.] 

Note.— In  assignments  made  by  an  administrator  of  the  estate  of  a  deceased 
assiqme  the  words  ''for  the  use  of  the  Iteirs  only  "  may  be  omitted,  but  in  all  ether 
respects  the  foregoing  form  of  assignment  and  acknowledgment  will  be  required. 


Form.— For  the  Assignment  of  a  Warrant  by  an  Executor. 

For  value  received  I,  A  B,  executor  of  the  estate  of  C  D, 
deceased,  who  died  testate,  to  whom  the  within  warrant,  I^To.  — -, 
was  issued,  do  hereby  sell  and  assign  i^'  for  the  use  of  the  heirs 
only^^^  or  "  for  the  use  of  the  legatees  as  mentioned  In  the  willy'' 

as  the  case  may  be)  unto  E  F,  of  ^ county,  State  of ,  and 

to  his  heirs  and  assigns  forever,  the  said  warrant,  and  authorize 
him  to  locate  the  same  and  receive  a  patent  therefor. 

Witness  my  hand  and  seal  this day  of -,  18 — . 

A  B.  [seal.] 

Executor 

Attest: 

GH. 
IJ. 

Note.— A  certified  copy  of  the  voill,  and  also  of  the  letters  testamemary  or 
other  proper  evidence,  under  the  seal  of  said  court,  showing  that  said  executor 
was  duly  appointed  and  authorized  to  act  as  such  at  the  date  of  said,  assignment, 
must  accompany  the  same. 

If  the  date  of  the  death  of  the  warrantee  is  not  stated  in  the  letters  testamentary 
or  other  evidence,  as  above  mentioned,  it  must  appear  in  the  certificate  of  the  clerk 
appended  thereto,  as  taken  from  the  records  of  said  court.  The  certificate  of  the 
acknowledgment  may  be  the  same  as  in  the  preceding  Form  except  that  the  word 
"  executor  "  must  be  used  instead  of  ''administrator.'" 


Form.~For  th.e   Assignment  and  Acknowledgment  of  a 
Warrant  by  the  Heirs  at  Law  of  a  Deceased  Warrantee. 

For  value  received  we,  A  B,  C  D,  and  E  F,  the  only  heirs  at 

law  of  G  H,  deceased,  to  whom  the  within  warrant,  J^o. ,  was 

issued,  do  sell  and  assign  unto  IJ,  of ,  county.  State  of , 

and  to  his  heirs  and  assigns  forever,  the  said  warrant,  and  author- 
ize him  to  locate  the  same  and  receive  a  patent  therefor. 

Witness  our  hands  and  seals  this day  of ,  18 — . 

.  [seal.] 

.  [seal.] 

.  [seal.] 

Attest: 

KL. 
MN. 


240  MILITARY   BOUNTY 

Form. —For  the  Acknowledgment. 

State  of ,  )  gg 

County,  f 

On  this day  of ,  18 — ,  before  me  personally  came 

A  B,  C  D,  and  E  F,  to  me  well  known,  and  acknowledged  the 
foregoing  assignment  to  be  their  act  and  deed,  and  I  certify  that 
the  said  A  B,  0  D,  and  E  F  are  the  identical  persons  jiamed  in  the 
attached  certificate  as  the  only  heirs  at  law  of  said  warrantee, 
deceased,  and  who  executed  the  foregoing  assignment  thereof. 

"Witness  my  hand  and  official   seal  the   day   and  year  above 
written. 

[Officer's  Signature.] 


Form.~For  the  Assignment  of  a  Warrant  by  a  Guardian. 

For  value  received  I,  A  B,  guardian  of  the  person  and  estate  of 

C  D,  a  minor  warrantee,  to  whom  the  within  warrant.  No.  , 

was  issued,  (or  "«^  tninor  heir  at  law^  as  mentioned  in  the  attached 
certificate''')  do  hereby  sell  and  assign,  for  the  henefit  of  said  minor  .^ 

unto  E  F,  of  the  county  of  - — — ,  State  of ,  and  to  his  heirs 

and  assigns  forever,  the  said  warrant,  and  authorize  him  to  locate 
the  same  and  receive  a  patent  therefor. 

Witness  my  hand  and  seal  this day  of ,  18 — . 

-,  [seal.] 


Guardian. 


Attest: 


GH. 

IJ. 


Form  For  the  Acknowledgment. 


State  of 


County. 


ss. 


On  this day  of ,  18 — ,  before  me  personally  came 


,  to  me  well  known,  and  acknowledged  the  foregoing  assign- 
ment to  be  his  act  and  deed,  and  in  my  presence  subscribed  his 

name  thereto;  and  I  certify  that  the  said is  guardian  of 

the  person  and  estate  of  said  minor,  and  who  executed  the  fore- 
going assignment  thereof. 

Witness  my  hand  and  official  seal  the  day  and  year  above 
written. 

[Officer's  Signature.] 

Note. — A  certified  copy  of  the  letter*  of  guardianship,  or  other  legal  evidence 
under  the  seal  of  the  proper  probate  court,  showing  that  the  said  guardian  was 
duly  appointed  and  authorized  to  act  as  such  at  the  date  of  said  assignment,  must 
accompany  th(.>  .same. 


FORMS.  241 

Form. — Of  a  Power  of  Attorney  to  sell  a  Warrant. 

Know  all  men  by  these  presents,  that  I  {here  insert  the  name  of 

the  warrantee  or  owner  of  the  warrant)^  of  the  county  of in 

the  State  of ,  do  hereby  constitute  and  appoint • ,  of 

the  county  of ,  in  the  State  of ,  my  true  and  hiwful  attor- 
ney, for  me  and  in  my  name,  to  sell  and  convey  the  within  land 

warrant,  No.  ,  for acres,  issued  under  the  act  of 

18—. 

Witness  my  hand  and  seal  this day  of -,  18 , 

[Warrantees'  or  owner's  signature.]        [seal.] 

Signed  in  presence  of ^         ■* 

AB. 
CD. 


Form.— For  a  Power  of  Attorney  to  Locate  a  Warrant. 

Know  all  men  by  these  presents,  that  I  {here  insert  the  name  of 

the  loarrantee  or  assignee),  of  the  county  of ,  in  the  State  of 

^ ,  do  hereby  constitute  and  appoint  A  B,  of  the  county  of 

in  the  State  of ,  my  true  and 'lawful  attorney,  for  me  and  in 

my  name,  to  locate  land  warrant  No.  ,  for acres  of  land 

which  issued  under  the  act  of ,  18 — .  ' 

Witness  my  hand  and  seal  this day  of 18 

„.       J  .  ,  [Warrantee's  or  assignee's  name.l        TsealI 

Signed  in  presence  of —  ^        l'^^-^-j 

AB. 

CD. 


Form.— Of  the  Certificate  of  the  Clerk  of  the  Court,  Judge, 

or  other  Person  who  is  authorized  to  certify  under 

Seal,  to  the  Official  Character  of  the  Officer 

who   takes   Acknowledgments    of 

Assignments. 

State  of ,      ) 

County.  \  ^^' 

h  "f  ^'  ^^^^^  ?j  the  court ,  in  the  county  and  State  afore- 

s^d,  hereby  certify  that  John  Jones,  whose  genuine  sio-nature  is 
afhKed  to  the  above  acknowledgment,  was,  at  the  time  ofassio-ning 
the  same,  a  justice  of  the  peace  {notary  puUic,  or  other  oMcer) 
diiiy  authorized  by  law  to  take  such  acknowledgment,  and  that  full 
taith  and  credit  are  due  to  all  his  official  acts  as  such. 

Given  under  my  hand  and  the  seal  of  said  court,  "this day 

AB,  Clerk,     [seal.] 
16 


242  RAILROAD    LAND 

EATLHOAD  LAND  LAWS. 

Costs  of  Surveying  and  Conveying  Lands. 

By  a  proviso  to  the  act  of  Congress  approved  July  31,  18Y6 
(19  Stat.,  p.  121),  making  appropriatiops  for  sundry  civil  expenses 
of  the  Government,  etc.,  it  is  declared  : 

That  before  any  lands  granted  to  any  railroad  company  by  the 
United  States  shall  be  conveyed  to  such  company,  or  any  persons 
entitled  thereto  under  any  of  the  acts  incorporating  or  relating  to 
s:ud  company,  unless  such  company  is  exempted  by  law  from  the 
payment  of  such  cost,  there  shall  first  be  paid  into  the  Treasury  of 
the  United  States  the  cost  of  surveying,  selecting,  and  conveying 
the  same  by  the  said  company  or  persons  in  interest. 

Relinquishments  by  Railroads  in  Favor  of  Settlers. 

By  an  act  of  Congress  approved  June  22,  1874  (18  Stat.,  p.  194), 
it  is  provided  : 

That  in  the  adjustment  of  all  railroad  land  grants,  whether  made 
directly  to  any  railroad  company  or  to  any  State  for  railroad  pur- 
poses, if  any  of  the  lands  granted  be  found  in  the  possession  of  an 
actual  settler  whose  entry  or  filing  has  been  allowedunder  the  pre- 
emption or  homestead  laws  of  the  United  States  subsequent  to  the 
time  at  which,  by  the  decision  of  the  Land-Office,  the  right  of  said 
road  was  declared  to  have  attached  to  such  lands,  the  grantees, 
upon  a  proper  relinquishment  of  the  lands  so  entered  or  filed  for, 
shall  be  entitled  to  select  an  equal  quantity  of  other  lands  in  lieu 
thereof  from  any  of  the  public  lands  not  mineral,  and  within  the 
limits  of  the  grant,  not  otherwise  appropriated  at  the  date  of  selec- 
tion, to  which  they  shall  receive  title  the  same  as  though  originally 
granted.  And  any  such  entries  or  filings  thus  relieved  from  con- 
flict may  be  perfected  into  complete  title  as  if  such  lands  had  not 
been  granted  :  Provided^  That  nothing  herein  contained  shall  in 
any  manner  be  so  construed  as  to  enlarge  or  extend  any  grant 
to  any  such  railroad,  or  to  extend  to  lands  reserved  in  any  land 
grant  made  for  railroad  purposes  :  And  provided  further^  That 
this  act  shall  not  be  construed  so  as  in  any  manner  to  confirm  or 
legalize  any  decision  or  ruling  of  the  Interior  Department  under 
which  lands  have  been  certified  to  any  railroad  company  when 
such  lands  have  been  entered  by  a  pre-emption  or  homestead  settler 
af^er  the  location  of  the  line  of  the  road  and  prior  to  the  notice  to 
the  local  land-office  of  the  withdrawal  of  such  lands  from   market. 

Confirmation   of  Pre-emption   and  Homestead  Claims  in 
Railroad  Limits. 

On  the  21st  of  April,  1876,  Congress,  by  an  act  entitled  "An  Act 
to  confirm  pre-emption   and  homestead   entries   of  public   lands 


LA.WS.  243 

within  the  limits  of  railroad  grants  incases  where  such  entries  have 
been  made  under  the  regulations  of  the  Land  Department," 
declared; 

That  all  pre-emption  and  homestead  entries,  or  entries  in  com- 
pliance with  any  law  of  the  United  States,  of  the  public  lands, 
made  in  good  faith  by  actual  settlers,  upon  tracts  of  land  of  not 
more  than  one  hundred  and  sixty  acres  each,  within  the  limits  of 
any  land  grant,  prior  to  the  time  when  notice  of  the  withdrawal  of 
the  lands  embraced  in  such  grant  was  received  at  the  local  land- 
office  of  the  district  in  which  such  lands  are  situated,  or  after  their 
restoration  to  market  by  order  of  the  General  Land-Office,  and 
where  the  pre-emption  and  homestead  laws  have  been  complied 
with,  and  proper  proofs  thereof  have  been  made  by  the  parties 
holding  sucli  tracts  or  parcels,  they  shall  be  confirmed,  and  patent 
for  the  same  shall  issue  to  the  parties  entitled  thereto. 

Sec.  2.  That  when  at  the  time  of  such  withdrawal  as  aforesaid 
valid  pre-emption  or  homestead  claims  existed  upon  any  lands 
Vvdthin  the  limits  of  any  such  grants  which  afterward  were  aban- 
doned, and,  under  the  decisions  and  rulings  of  the  Land  Depart- 
ment, were  re-entered  by  pre-emption  or  homestead  claimants, 
who  have  complied  with  the  laws  governing  pre-emption  or  home- 
stead entries,  and  shall  make  the  proper  proofs  required  under  such 
laws,  such  entries  shall  be  deemed  valid,  and  patents  shall  issue 
therefor  to  the  person  entitled  thereto. 

Sec.  3.  That  all  such  pre-emption  and  homestead  entries  which 
may  have  been  made  by  permission  of  the  Land  Department,  or  in 
pursuance  of  the  rules  and  instructions  thereof,  within  the  limits 
of  any  land  grant  at  a  time  subsequent  to  expiration  of  such  grant, 
shall  be  deemed  valid,  and  a  compliance  with  the  laws  and  tlie 
making  of  the  proof  required  shall  entitle  the  holder  of  such  claim 
to  a  patent  therefor.     (19  Stat.,  p.  35.) 

It  is  required  that  every  application  under  this  act  shall  be  in 
such  form  as  to  distinctly  set  forth  the  facts  in  the  case,  and  the 
specific  grounds  upon  which  the  party  applying  claims  to  be 
included  in  the  terms  of  the  law;  and  after  the  application  shall 
have  been  filed  the  applicant  shall  be  allowed  to  make  proof  of 
compliance  with  the  pre-emption  of  homestead  laws  as  provided  in 
this  act. 

Applications  under  this  act  must,  in  all  cases,  be  made  to  the 
local  land  officers  of  the  district  within  which  the  land  claimed  is 
situated,  and  the  proof  required  must  be  taken  before  them,  or 
before  any  person  authorized  by  law  to  take  the  same. 

No  person  shall  be  deemed  to  have  lost  anj^  right  who  failed  to 
make  the  proof  required  by  the  pre-emption  or  homestead  laws  by 
reasun  of  any  decision  or  ruling  of  this  office  prior  to  the  approval 
of  this  act,  and  all  such  persons  may  now  make  the  proof  required. 


244  BAILEOAD    LAND 

Right-of-Way  Railroads. 

The  following  is  a  copy  of  an  act  of  Congress  approved  March  3, 
1875,  granting  to  railroads  the  right  of  way  through  the  public 
lands  of  the  United  States. 

Be  it  enacted  hij  the  Senate  and  Hmtse  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  right  of 
way  through  the  public  lands  of  the  United  States  is  hereby  granted 
to  any  railroad  company  duly  organized  under  the  laws  of  any 
State  or  Territory,  except  the  District  of  Columbia,  or  by  the  Con- 
gress of  the  United  States,  which  shall  have  tiled  with  the  Secretary 
of  the  Interior  a  copy  of  its  articles  of  incorporation,  and  due 
proofs  of  its  organization  under  the  same,  to  the  extent  of  one 
hundred  feet  on  each  side  of  the  central  line  of  said  road;  also  the 
right  to  take  from  the  public  lands  adjacent  to  the  line  of  said 
road  material,  earth,  stone,  and  timber  necessary  for  the  construc- 
tion of  said  railroad;  also  grounds  adjacent  to  such-right  of  way 
for  station-buildings,  depots,  machine-shops,  side-tracks,  turn  outs, 
and  water-stations,  not  to  exceed  in  amount  twenty  acres  for  each 
station,  to  the  extent  of  one  station  for  each  ten  miles  of  its  road. 

Sec.  2.  That  any  railroad  company  whose  right  of  way,  or 
whose  track  or  road  bed  upon  such  right  of  way,  passes  through 
any  canyon,  pass,  or  defile,  shall  not  prevent  any  other  railroad 
company  from  the  use  and  occupancy  of -the  said  canyon,  pass,  or 
defile,  for  the  purposes  of  its  road,  in  common  with  the  road  first 
located,  or  the  crossing  of  other  railroads  at  grade.  And  the 
location  of  such  right  of  way  through  any  canyon,  pass,  or  defile 
shall  not  cause  the  disuse  of  any  wagon  or  other  public  highway 
now  located  therein,  nor  prevent  the  location  through  the  same  of 
any  such  wagon  road  or  highway  where  such  road  or  highway  may 
benecessary  for  the  public  accommodation;  and  where  any  change  in 
the  location  of  such  wagon  road  is  necessary  to  permit  the  passage 
of  such  railroad  through  any  canyon,  pass,  or  defile,  said  railroad 
company  shall,  before  entering  upon  the  ground  occupied  by  such 
wagon  road,  cause  the  same  to  be  reconstructed  at  its  own  expense 
in  the  most  favorable  location,  and  in  as  perfect  a  manner  as  the 
original  road:  Provided,  That  such  expenses  shall  be  equitably 
divided  between  any  number  of  railroad  companies  occupying  and 
using  the  same  canyon ,  piss  or  defile. 

Sec.  3.  That  the  Legislature  of  the  proper  Territory  may  pro- 
vide for  the  manner  in  which  private  lands  and  possessory  claims 
on  the  public  lands  of  the  United  States  may  be  condemned;  and 
where  such  provision  shall  not  have  been  made,  such  condemnation 
may  be  made  in  accordance  with  section  3  of  the  act  entitled 
"  An  Act  to  amend  an  act  entitled  'An  Act  to  aid  in  the  construc- 
tion of  a  railroad  and  telegraph  line  from  the  Missouri  River  to  the 
Pacilic  Ocean,  and  to  secure  to  the  Government  tlie  use  of  the 
same  for  postal,  military,  and  other  purposes,  approved  July  first, 
eiu'hteen  hundred  and  sixty-two,'"  approved  July  second,  eighteen 
hundred  and  sixtv-four. 


LAWS.  245 

Sec.  4.  That  any  railroad  company  desiring  to  secure  the 
benefits  of  this  act  shall,  within  twelve  months  after  the  location 
of  any  section  of  twenty  miles  of  its  road,  if  the  same  be  upon 
surveyed  lands,  and,  if  upon  unsurveyed  lands,  within  twelve 
months  after  the  survey  thereof  by  the  United  States,  file  with  the 
register  of  the  land-office  for  the  district  where  such  land  is  located 
a  profile  of  its  road;  and  upon  approval  thereof  by  the  Secretary  of 
the  Interior  the  same  shall  be  noted  upon  the  plats  in  said  office; 
and  thereafter  all  such  lands  over  which  such  right  of  way  shall 
pass  shall  be  disposed  of  subject  to  such  right  of  way:  Provided^ 
That  if  any  section  of  said  road  shall  not  be  completed  within  five 
years  after  the  location  of  said  section,  the  rights  herein  granted 
shall  be  forfeited  as  to  any  such  uncompleted  section  of  said  road. 

Sec.  5.  That  this  act  shall  not  apply  to  any  lands  within  the 
limits  of  any  military,  park,  or  Indian  reservation,  or  other  lands 
specially  reserved  from  sale,  unless  such  right  of  way  shall  be 
provided  for  by  treaty  stipulation  or  by  act  of  Congress"  heretofore 
passed. 

Sec.  6.  That  Congress  hereby  reserves  the  right  at  any  time  to 
alter,  amend,  or  repeal  this  act,  or  any  part  thereof. 

Approved  March  3,  1875.     (18  Stat., p.  482.) 


Texas  Lands,  and  Liands  Belonging"  to  Other  States. 

The  public  lands  of  Texas  belong  to  that  State  and  are  con- 
trolled by  the  laws  of  the  State  alone.  The  school  lands  and  other 
lands  granted  by  the  Government  of  the  United  States  to  the  sev- 
eral States  of  the  Union  are  also  controlled  by  the  laws  of  the 
State  to  which  such  lands  were  granted.  Persons,  therefore,  who 
desire  to  secure  title  to  any  public  or  unappropriated  land  in 
Texas,  or  to  land  belonging  to  any  State,  should  address  the  Sur- 
veyor-General, register,  or  land  commissioner  of  the  State  in 
which  the  desired  land  is  located,  asking  for  proper  blank  forms, 
and  instructions  for  application  for  such  land,  and  enclosing 
United  States  postage  stamps  sufficient  to  pay  return  postage  on 
such  blanks.  The  officers  addressed  will  generally  take  pleasure 
in  remitting  the  blanks  and  all  information  desired. 


CHAPTER  X. 


HOW  I/AWS  ARE  PUT  INTO  PRACTICE. 

As  we  stated  on  a  former  page,  there  are  many  laws  which  the 
courts  vtdll  enforce,  which  are  based  either  on  customs  so  old  that 
no  man  can  remember  how  or  when  they  originated,  or  on  decis- 
ions of  the  Supreme  Courts  of  the  different  States  or  of  the  United 
States;  and  such  laws  will  continue  to  be  enforced  by  the  courts 
until  they  are  modified  or  repealed  by  the  Legislature  of  the 
State. 

For  instance,  we  do  not  know  when  the  rule  was  first  established 
that  if  one  person  agrees  to  purchase  a  piece  of  property  from 
another  and  pays  anything  of  value  on  the  purchase  to  the  other 
•person,  the  latter  can  be  compelled  to  deliver  to  the  former  the 
article  purchased,  upon  tendering  payment  of  the  full  balance  of 
the  contracted  price;  or,  if  the  article  be  otherwise  disposed  of,  so 
that  the  seller  cannot  deliver  it,  the  seller  can  be  compelled  to  pay 
to  the  purchaser  all  damages  which  he  may  have  sustained  on  ac- 
count of  the  non-delivery  of  the  article;  for,  although  there  may 
be  no  statutory  law  providing  for  such  a  case,  yet,  because  com- 
mon custom,  long  acquiesced  in  by  the  people,  and  the  decision  of 
the  courts,  have  established  such  a  rule,  on  application  to  the 
courts  by  the  purchaser,  they  will  compel  the  seller  to  deliver 
the  article  purchased  or  to  pay  damages  for  neglecting  so  to  do. 
On  the  other  hand,  if  the  purchaser  refuse  to  complete  the  pur- 
chase after  having  paid  any  part,  the  seller  can  deliver  the  goods 
sold,  and,  on  application  to  the  courts,  they  will  compel  the  pur- 
chaser to  pay  for  them  whatever  he  agreed  to  pay,  unless  the 
qualities  of  the  goods  were  misrepresented  to  him. 

"Fraur]  vitiates  every  contract,"  and  courts  will  not  sustain  any 
contract  which  parties  have  been  induced  to  make  by  fraudulent 
representations . 

Let  us  suj)po8e  a  case  :  Amos  Grant  and  William  Jones  live  near 
Bodid^  in  Mono  County,  California.  Mr.  Grant  has  cows,  pigs 
and  chickens  :  Mr.  Jones  wislies  to  )>urchase  some  of  tliera,  and  he 


EXEMPLIFIED.  247 

agrees  to  pay  Mr.  Grant  sixty  dollars  for  a  certain  cow,  fifteen 
dollars  for  three  certain  pigs,  and  six  dollars  for  twelve  chickens, 
and  pays  twenty-five  cents  down  to  Mr.  Grant  "to  bind  the  ba*- 
o-ain.'"  The  payment  and  acceptance  of  the  twenty-five  cents  binds 
both  parties  to  fulfill  the  contract.  We  will  suppose  that  this 
agreement  took  place  on  the  third  day  of  January,  1883,  in  the 
presence  of  James  Johnson,  and  that  Mr.  Grant  agreed  to  deliver 
all  the  chattels  at  Mr.  Jones's  "•  corral "  on  tlie  next  Monday. 
That  on  the  fifth  day  of  January,  1883,  Mr.  Grant  delivered  the 
chattels  at  Mr.  Jones's  "corral"  and  demanded  payment  of  the 
balance  of  the  purchase-money  agreed  upon,  but  Mr.  Jones,  not 
acting  on  the  golden  rule,  refuses  to  pay.  How  will  Mr.  Grant 
obtain  his  pay  ?  He  must  bring  a  suit  for  it,  and  as  the  value  of 
all  the  chattels  is  withinthe  jurisdiction  of  a  justice's  court,  he  must 
bring  his  action  in  a  justice's  court,  and  in  the  town  where  Mr. 
Jones  resides.  There  are  two  forms  of  complaint,  either  of  which  Mr. 
Grant  can  adopt,  and  fi.le  with  the  justice;  but  whichever  form  of 
complaint  he  may  choose,  it  will  be  better  for  him  to  verify  it,  for 
should  he  not  do  so,  Mr.  Jones  might  tile  any  kind  of  an  answer 
without  regard  to  the  truth  of  it,  and  thus  delay  the  collection  of 
the  money.  But  if  the  complaint  be  sworn  to,  the  answer,  to  be 
of  any  value,  must  also  be  verified,  or,  when  the  time  expires  for 
answering,  the  court  will,  on  slight  proof,  or  none  at  all,  give  judg- 
ment against  the  defendant. 

We  will  now  give  the  two  forms  of  complaint  suggested,  verify 
them  both,  and  let  Mr.  Grant,  who  will  be  called  the  "plaintiff," 
take  his  choice. 


Form  of  Account  Filed  as  a  Complaint. 

Bodie,  Cal.,  Jan.  5,  1883. 
Wm.  Jones,  To  Amos  Grant,  Dr. 

Jan.  5,  1883,  to  one  cow $60  00 

"  "to  three  pigs,  @  $5  each 15  00 

"  "to  twelve  chickens,  50  cts  each 6  00 

Total $81  00 

Cr. 
Jan.  3,  1883,  by  cash 25 

Balance  due $80  75 


248  LEGAL    PROCEEDINGS 

State  of  California,  \  ^^ 

County  of  Mono.      \ 

Amos  Grant,  being  first  duly  sworn,  says  that  the  above  is  a 
just,  true  and  correct  account  of  the  indebtedness  of  William  Jones 
to  him,  and  that  the  sum  of  eighty  dollars  and  seventy-five  cents  is 
now  due  affiant  from  said  Jones,  on  the  said  account. 

Amos  Grant. 

Subscribed  and  sworn  to  before  me,  this 
7th  day  of  January,  a.  d.  1883. 


Justice  of  the  Peace. 


Form  of  Complaint. 

In  Justice's   Court,    Township  of  Bodie,   County  of   Mono^   and 
State  of  Califmmia. 

Amos  Grant,  Plaintiffs        j 
vs.  V, 

William  Jones,  Defendant.  ) 

Amos  Grant,  the  plaintiff  above  named,  complains  of  William 
Jones,  the  defendant  in  this  action,  a  resident  of  Bodie  Township, 
in  MonoQownij,  State  of  California,  and  for  cause  of  action,  says: 
That  on  or  about  the  third  day  of  January,  1883,  at  said  town  of 
Bodie,  this  plaintiH  bargained-  sold  and  delivered  to  said  defendant, 
at  defendant's  special  instance  and  request,  certain  chattels  of  the 
full  value  of  eighty-one  dollars  (in  gold  coin),  to  wit :  One  cow  of 
the  value  of  sixty  dollars,  three  pigs  of  the  value  of  fifteen  dol- 
lars, and  twelve  chickens  of  the  value  of  six  dollars;  that  said 
defendant  then  and  there  undertook  and  promised  to  pay  to  plain- 
tiff the  said  sum  of  money  (in  gold  coin)  whenever  requested  so  to 
do  ;  that  plaintiff  has  often  requested  the  said  defendant  to  pay  the 
said  sum  of  money  ;  but  to  pay  the  same,  or  any  part  thereof, 
except  the  sum  of  twenty-five  cents,  the  said  defendant  has  hitherto 
wholly  nedected  and  failed,  and  still  does  neglect  and  fail,  to 
plaintiff 's^damage  in  the  sum  of  eighty  dollars  and  seventy-five 
cents  (in  gold  coin(.  .j    n   r.     •, 

Wherefore,  plaintiff  demands  judgment  agamst  said  defendant 
for  the  sum  of  eighty  dollars  and  seventy-five  cents  (in  gold  coin), 

besides  costs  of  this  action. 

Amos  Grant, 

By -, 

Attmmcy  for  Plaintiff. 

State  of  California,  \ 
County  of  Jfono.  [ 

Amos  Grant,  being  duly  sworn,  says  that  he  is  the  plaintiff  in 
the  above  entitled  action;  that  he  has  read  the  foregoing  complaint 


EXEMPLIFIED.  249 

and  understands  the  contents  thereof,  and  that  the  same  is  true  of 

his  own  knowledge. 

Amos  Grmtt. 

Subscril)ed  and  sworn  to  before  me,  this 
7th  day  of  January,  a.  d.  1883. 
R.  L.  Peterson, 

Justice  of  the  Peace. 

Now  one  of  the  foregoing  forms  will  answer  just  as  well  as  the 
other,  in  a  justice's  court,  for  parties  are  not  held  to  any  great 
strictness  of  pleadings  in  these  courts;  but  as  the  latter  is  really 
more  finished  than  the  former,  and  approaches  more  nearly  to  the 
perfection  of  complaints  required  in  courts  of  record,  we  will  sup- 
pose that  the  plaintiff,  Mr.  Grant,  selects  the  latter  form,  and  as 
he  has  already  entitled  his  action  in  Justice  Peterson's  court,  and 
has  sworn  to  his  complaint  before  him,  we  will  take  it  for  granted 
that  he  brings  his  action  in  his  court,  which  he  does  by  filing  the 
complaint,  that  is,  by  letting  the  justice  write  "Filed  "  on  the  back 
of  the  complaint,  with  the  day,  and  perhaps  the  hour,  that  it  was 
handed  to  him,  and  signing  his  name  thereto. 

It  may  be  well  to  say  at  this  point  that  the  affidavits  at  the  bot- 
tom of  the  Forms  are  called  "  verifications. "  One  verifies  a  peti- 
tion on  information  and  belief;  the  last  two  forms  positively,  and 
still  another  form  of  verification  will  appear  in  these  pages,  where 
an  attorney,  or  some  other  person  than  the  plaintiff,  or  defendant, 
will  verify  the  complaint,  or  the  answer. 

The  justice  having  filed  the  complaint,  the  suit  is  actually  com- 
menced, but  it  is  of  no  positive  value  until  a  summons  is  issued  to 
give  it  activity. 

The  plaintiff,  therefore,  demands  that  a  summons  be  issued  on 
his  complaint,  which  the  justice  does  substantially  in  the  following: 


Form. — Summons  in  a  Justice's  Court . 

In  Justice's  Court  of  Bodie  Township,  Count}'  of  Mono,  and  State 

of  California. 
Amos  Grant, 

Plaintiff, 
vs. 
"William  Jones, 

Defendant. 

The  People  of  the  State  of  California.^  to  William  Jones,  Greet- 
ing: 
You  are  hereby  summoned  to  appear  before  me,  at  my  office,  in 
the  town  of  Bodie.,  in  the  county  of  Mono.,  on  the  thirteenth  day 


250  LEGAL   PROCEEDINGS. 

of  January,  a.  d.  1883,  at  ten  o'clock  a.  m.,  to  answer  unto  the 
complaint  of  Amos  Grant,  who  sues  you  to  recover  the  sum  of 
eighty  dollars  and  seventy-five  cents  in  balance  due  from  you  upon 
a  contract  made  on  or  about  the  third  day  of  January,  1883,  to 
wit:  For  certain  chattels  sold  and  delivered  by  said  plaintiff  to 
you,  on  or  about  said  date,  at  your  special  instance  and  request, 
when  judgment  will  be  taken  a2:ainst  you  for  the  said  amount, 
together  with  costs  and  damages,  if  you  fail  to  appear  and  answer. 

To  the  Sheriff  or  any  Constable  of  said  County,  Greeting: 
Make  legal  service  and  due  return  hereof. 
Given  under  my  hand  this  seventh  day  of  January,  a.  d.  1883. 

R.  L.  Peterson, 
Justice  of  the  Peace  of  said  township. 

We  will  now  suppose  that  Mr.  Grant  fears  that  when  he  obtains 
his  judgment  in  the  action,  all  the  property  of  the  defendant,  Mr. 
Jones,  will  be  secreted,  while  now,  at  the  time  of  bringing  his 
action,  sufficient  property  of  the  defendant  can  be  found  to  satisfy 
Buch  judgment,  when  obtained,  and  desirous  of  securing  the  pay- 
ment of  his  judgment,  he  determines  to  have  an  attachment  issue 
to  be  served  on  the  defendant's  property. 

To  do  this,  he  must  make,  and  tile  with  the  justice,  an  affidavit, 
which  will  be  substantially  in  the  following: 

Form.— Affidavit  for  a  Writ  of  Attachment. 

In  Justice's  Court  of  Bodie  Township,  County  of  Mono,  and  State 
of  California. 

Amos  Grant, 

Plaintiff, 

vs.  V 

Wm.  Jones, 

Defendant.  J 

County  of  Mono,  ss. 

Amos  Grant,  the  plaintiff  in  the  above-entitlea  action,  being  duly 
sworn,  says,  that  the  above-named  defendant  is  indebted  to  him, 
the  said  ])lainti(f,  in  the  sum  of  eighty  dollars  and  seventy-five 
cents,  in  gold  coin,  over  and  above  all  legal  set-ofts  and  counter- 
claims, upon  an  express  contract  for  the  direct  payment  of  money; 
that  such  contract  was  made  and  is  payable  in  this  State,  and  that 
the  payjnent  of  the  same  has  not  been  secured  by  any  mortgage  on 
real  or  personal  property;  that  the  said  sum,  for  which  an  attach- 
ment is  hereby  asked,  is  an  actual,  bonafide  existing  debt,  due 
and  owing  from  the  said  defendant  to  the  said  plaintiff,  and  that 


EXEMPLIFIED.  251 

the  said  attachment  is  not  sought,  and  the  action  is  not  prosecuted, 
to  hinder,  delay  or  defraud  any  creditor  of  the  said  defendant. 

Amos  Grant. 

Subscribed  and  sworn  to  before  me,  this 
7th  day  of  January,  a.  d.  1883. 

R.  L.  Peteeson. 

Justice  of  the  Peace. 

But  before  a  writ  of  attachment  can  be  issued,  the  plaintiff  must 
make  out  and  file  with  the  justice  an  undertaking  signed  by  two 
sufficient  sureties,  residents  and  householders  or  freeholders  of  the 
county  in  which  the  action  is  brought,  which  undertaking  will  be 
substantially  as  follows: 

Form.— Undertaking  for  a  Writ  of  Attachment. 

In  Justice's  Court  of  Bodie  Township,  County  of  Mono  and  State 
of  California. 

Amos  Grant, 

Plaintiffs 
vs. 

Wm.  Jones,  j 

Defendant.  J 

Whereas;  the  above-named  plaintiff  has  commenced  an  action  in 
the  above  entitled  court  against  the  defendant  above  named,  to  re- 
cover from  said  defendant  the  sum  of  eighty  dollars  and  seventy- 
five  cents,  and  has  made  and  filed  in  said  court  his  atiidavit  in  due 
form  of  law  for  the  issuance  of  a  writ  of  attachment  in  said  action 
atrainst  the  property  of  said  defendant,  and  has  demanded  that  such 
wnt  issue  in  said  action  ;  now,  therefore,  we,  the  undersigned,  do 
undertake  and  promise,  that  if  the  said  writ  of  attachment  issue, 
and  the  said  defendant  recover  judgment,  or  if  the  attachment  be 
dismissed,  the  said  plaintiff  will  pay  all  costs  that  may  be  awarded 
to  the  defendant,  and  all  damages  which  he  may  sustain  by  reason 
of  such  attachment,  in  any  amount  of  money  not  exceeding  the 
sum  of  two  hundred  dollars. 

Witness  our  hands  and  seals  hereto  aflixed,  this  7th  day  of  Jan- 
uary, 1883.  _  ^  ^ 

Ira  Noae.Es.     [seal,.] 

Sam'l  Oaks,     [seal.] 


Form.— Justification  of  Sureties. 

State  of  California.,      \  ^^ 
County  oi  Mono.     ) 
Ira  Noa'kes  and  Samuel   Oaks,  sureties  on   the  above   under- 
taking, being  first  duly  sworn,  say,  each  for  himself  and  not   one 


252  LEGAL   PROCEEDINGS  I 

for  the  other,  that  he  is  a  resident  and  householder  (or  freeholder) 
ih  said  Mono  County,  and  is  worth  the  sum  of  tioo  hundred  dollars 
over  and  above  his  just  debts  and  legal  liabilities  and  property 
exempt  from  execution. 

Iea  Noakes. 

Sam'l  Oaks. 

Sworn  and  subscribed  before  me  this 
7th  day  of  January,  a.  d.  1883. 
R.  L.  Peterson, 

Justice  of  the  Peace. 

Upon  the  filing  of  the  undertaking,  if  the  justice  approves  it,  he 
will  indorse  upon  it  "Approved,"  and  sign  his  name  to  such  ap- 
proval. He  will  then  issue  a  writ  of  attachment,  which  will  be 
substantially  in  the  following : 


Form.— Of  "Writ  of  Attachment  from  Justice's  Court. 

In   Justice's  Court  of  Bodie  Township,  County  of  Mono,  and  State 
of  California. 

Amos  Grant,  Plaintiff,  \ 

vs.  > 

Wm.  Jones,  Defendant.  ) 

The  People  of  the  State  of  California  *  to  the  Sheriff  or  any  Con- 
stable of  the  County  of  Mono,  Greeting  : 

You  are  hereby  commanded  to  attach,  and  safely  keep,  all  the 
property  of  the  above-named  defendant  within  this  county,  not 
exempt  from  execution,  or  so  much  thereof  as  may  be  sufficient  to 
satisfy  the  ])laintiffs  demand,  to  wit,  the  sum  of  eiglity  dollars  and 
seventy-five  cents,  besides  the  costs;  unless  said  defendant  shall 
give  you  security  by  an  undertaking  in  two  sufficient  sureties, 
for  said  amount  and  costs;  in  which  case  you  will  take  such  under- 
taking. 

Make  due  return  hereof. 

Given  under  my  hand,  and  dated  at  Bodie  Township,  on  the  7th 
day  of  January,  a.  d.  1883. 

It.  L.  Peterson, 
Justice  of  the  Peace  of  said  toionship. 

The  constable  or  his  deputy  will  now  take  tlie  summons  and  the 
writ  of  attachment  and  serve  them  upon  the  defendant  and  on  his 
property,  as  required  by  the  statute,  taking  personal  property  into 
his  possession;  but,  as  this  book  is  intended  onlj'  to  aid  people 
generally,  and  not  to  point  out  the  duties  of  executive  officers,  no 

*The  Constitution  of  a  State  determines  "  tlie  style  of  its  process,''  and  if  any 
writ,  summons,  or  other  "  process  ''  is  in  any  other  style  or  words  than  those  pre- 
scribed by  the  Constitution  of  the  State  in  which  it  is  issued,  the  process  is  void. 


EXEMPLIFIED.  253 

directions  will  here  be  given  for  the  service  of  papers  except  such, 
perhaps,  as  people  must  serve  themselves.  We  will  suppose, 
however,  that  Mr.  Jones  does  not  wish  to  have  his  property  taken 
out  of  his  possession,  and  that,  to  prevent  this,  he  gives  the  con- 
stable the  undertaking  mentioned  in  the  writ  of  attachment.  If 
so,  the  undertaking  will  be,  substantially,  in  the  following  : 


Form  of  Undertaking  to  Prevent  the  Levy  of  an  At- 
tachment. 

In  Justice's  Court  of  Bodie  Township,  County  of  Mono  and  State 

of  California. 
Amos  Grant, 

Plaintiff., 
vs. 
William  J  ones. 

Defendant.  ^ 

Know  all  men  by  these  presents,  that  we,  William  Jones  as 
principal,  and  John  Doe  and  Richard  Roe  as  sureties,  all  residents 
of  the  county  of  Mono.,  and  State  of  California.,  are  held  and 
firmly  bound  unto  the  above-named  plaintiff,  Amos  Grant,  in  the 
sum  of  (two  hundred)  dollars,  payment  of  which  sum  to  the  said 
Amos  Grant,  his  heirs,  executors,  administrators,  or  assigns,  well 
and  truly  to  make,  we  bind  ourselves,  our  heirs,  executors  and 
administrators  jointly  and  severally  by  these  presents.  Sealed 
with  our  seals,  and  dated  this  seventh  day  of  January,  a.  d.  1883. 

The  condition  of  the  above  undertaking;'  is  such,  that,  whereas 
the  plaintiff  in  the  above  entitled  case  has  commenced  an  action  in 
the  aforesaid  court  against  the  above-named  defendant  for  the  re- 
covery of  eighty  dollars  and  seventy-five  cents  (in  gold  coin);  and 
whereas,  an  attachment  has  been  issued,  directed  to  the  Constable 
of  ^0(:Z«e  Township,  of  the  county  of  Mono.,  aforesaid,  and  placed  in 
his  hands  for  execution,  whereby  he  is  commanded  to  attach  and 
safely  keep  all  the  property  of  the  said  defendant  within  this 
county  not  exempt  from  execution,  or  so  much  thereof  as  may  be 
sufficient  to  satisfj"  the  plaintiff's  demand  therein  stated  in  con- 
formity with  the  complaint  at  eighty  dollars  and  seventy-five  cents 
(in  gold  coin),  unless  the  defendant  give  him  security  by  the 
undertaking  of  at  least  two  sufficient  sureties,  in  an  amount  suflB- 
cient  to  satisfy  said  demand  besides  costs  (or  in  an  amount  equal 
to  double  the  sum  claimed,  in  some  States)  in  which  case  to  take 
such  undertaking; 

And  whereas  the  said  defendant  is  desirous  of  giving  the  under- 
taking mentioned  in  said  writ: 

Now,  therefore,  we  the  undersigned,  residents  as  above  stated,  in 
consideration  of  the  premises,  and  to  prevent  the  levy  of  said 
attachment,  do  hereby,  jointly  and  severally,  undertake  in  the  sum 


354  LEGAL   PKOCEEDINGtS 

of  (two  hnnared)  dollars  (in  gold  coin),  that  if  the  said  plaintiff 
shall  recover  judgment  in  said  action,  we  will  pajto  the  said  plain- 
tiff the  amount  of  said  judgment,  together  with  the  costs,  not  ex- 
ceeding in  all  the  sum  of  (two  hundred)  dollars  (in  gold  coin  of  the 

United  States). 

Wm.  Jones. 

John  Doe.  [seal.] 

RicHAED  Roe.    [seal.] 


Form  of  Justification  of  Sureties. 

State  of  California,  \  ^^ 
County  of  Mono,  f 
John  Doe  and  Richard  Roe,  the  sureties  whose  names  are  sub- 
scribed to  the  above  undertaking,  being  severally  duly  sworn,  each 
for  himself  says,  that  he  is  a  resident  and  householder  (or  free 
holder)  in  said  county  (or  State)  and  is  worth  the  sum  speciied  in 
said  undertaking  as  the  penalty  thereof,  over  and  above  his  just 
debts  and  legal  liabilities,  exclusive  of  property  exempt  from  exe- 
cution. John  Doe^ 

RicHAKD  Rob. 

Subscribed  and  sworn  to  before  me,  this 
7th  day  of  January,  A.  D.  1883. 

Eli  Johnson, 
U,  g  j  Notary  Pvhlic. 

It  may  be,  however,  that  the  constable  has  already  levied  the 
attachment  and  that  the  defendant  desires  to  have  the  property 
released.  In  such  case  he  would  give  an  undertaking  substan- 
tially after  the  foregoing,  or  after  the  following: 

Form. — ^Undertaking  for  Release   of  Attachment. 

In  Justice  Court  of  Bodie  Township,  County  oi  Mono,  and  State  of 

California . 

Amos  Grant,  Plaintif,         j 

vs.  \ 

Wit,liam  Jones,  Defendant.  ) 

Know  all  men  by  these  presents,  that  we,  William  Jones  as  prin- 
cipal, and  John  Doe  and  Richard  Roe  as  sureties,  all  of  the  county 
of  Mono  and  State  of  California,  nre  held  and  firmly  bound  unto 
Amos  Grant  in  the  sum  of  two  hundred  dollars,  to  be  p;dd  to  the 
said  Amo6  Grant,  his  heirs,  executors,  administrators  or  assigns, 
for  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators,  jointly  and  severally,  by 
these  nresents. 

Sealed  with  our  seals,  and  dated  this  seventh  day  of  January, 

A.   D.    1883. 


EXEMPLIFIED.  255 

Now  the  condition  of  this  obligation  is  such  that,  whereas,  a 
writ  of  attachment  has  issued  against  the  above  bounden  defendant, 
William  Jones,  at  the  suit  of  Ames  Grant,  the  plaintitJ  above 
named;  and  whereas,  certain  goods  and  chattels  of  said  William 
Jones  have  been  attached  under  and  by  virtue  thereof ;  now,  in 
consideration  of  the  release  of  said  goods  and  chattels  from  such 
attachment,  if  the  said  Wm.  Jones  shnll  well  and  truly  pay  any 
judgment  and  costs  that  the  said  Amos  Grant  may  recover  against 
him,  the  said  Wm.  Jones,  then  this  undertaking  shall  be  null  and 
void,  but  otherwise  it  shall  be  and  remain  in  iull  force  and  effect. 

Wm.  Jones.  [seal.] 
John  Doe.  [seal.] 
Richard  Roe.  [seal.] 

Immediately  after  which  must  follow  the  justification  of  the 
sureties^  John  Doe  and  Richard  Roe^  as  shown  on  page  254. 

If,  within ^?;e  days  {in  Ga,liforma)  after  the  summons  has  been 
served  on  the  defendant — not  counting  the  day  on  which  oucli  ser- 
vice was  made — ^the  defendant  does  not  file  an  answer  to  the  com- 
plaint (which,  in  this  case,  we  will  .presume  he  will  not  do),  the 
justice  will  enter  a  judgment  in  his  docket  in  favor  of  the  plaintiff 
and  against  the  defendant,  in  substantially  the  following: 


Form. — Judgment  in  Justice's  Gourt. 

In  Justice's  Court  of  Bodie  Township,  County  of  Mono^  and  State 
of  California. 

Amos  Grant,  ] 

Plaintiffs  \ 

vs.  V 

William  Jones,  i 

Defendant.  J 

Now,  on  this  fourteenth  day  of  January,  1883,  the  above  canse 
being  called  and  no  one  appearing  in  behalf  of  the  defendant,  his 
default  to  answer  in  said  action  is  duly  entered  by  the  court;  where- 
upon, it  appearing,  to  the  satisfaction  of  the  court,  that  the  sum- 
mons in  said  action  was  duly  served  on  said  defendant  on  the 
seventh  day  of  Jannaiy,  18^3,  in  the  said  township  oi Bodie,  and 
that  the  court  has  jurisdiction  of  said  action;  and  it  further  appear- 
ing to  the  court,  from  the  (verified)  complaint  of  the  plaintitt',  that 
the  sum  of  eighty  dolUo's  and  seventy-five  cents  (in  gold  coin)  is  due 
to  said  plaintiff  from  the  said  defendant;  now,  in  consideration  of 
the  premises,  it  is  ordered  and  adjudged  by  the  court  that  the  said 
plaintiff.  Amos  Grant,  do  have  and  recover  of  and  from  the 
said  defendant,  William  Jones,  the  sum  of  eighty  dollars  and 
seventy-fide  cents  (in  gold  coin)  with  legal  interest   from  this  date, 


256  LEGAL    PROCEEDINGS 

besides  the  costs  of  this  action,  lierein  taxed  at  — —  dollars,  together 

with  accruing  costs. 

Judgment  rendered  and  entered  this  fourteenth  day  of  January, 

A.  D.   1883. 
.  K.   L.   Peterson, 

'  Justice  of  the  Peace  for  said  Township. 

An  execution  can  now  be  demanded  by  the  plaintiff,  and  by  vir- 
tue of  such  execution  the  constable  will  levy  on  and  sell  any  prop- 
erty of  the  defendant  that  he  can  find,  unless  some  of  such  property 
be  exempt  from  execution;  and  should  sufficient  property  be  levied 
on  and  sold  to  satisfy  the  judgment  and  costs,  the  judgment  must 
be  satisfied  by  an  entry  of  the  fact  at  the  bottom  or  on  the 
margin  of  the  judgment  in  the  docket  of  the  justice;  but  if  no 
property  of  the  defendant  be  found,  Mr.  G.  will  have  to  bring 
another  action  on  the  undertaking  given  by  the  sureties  on  the 
release  of  the  attachment,  unless  the  sureties  pay  the  judgment 
voluntarily. 

The  foregoing  gives  an  outline  of  proceedings  in  an  action  at 
law  in  any  court;  for  the  great  difference  between  justices'  courts, 
and  district,  and  superior  courts,  is  that  justices'  courts  have  no 
jurisdiction;  or,  in  other  words,  can  not  act  in  cases  where  the 
amount  claimed  exceeds  the  sum  over  which  the  Constitution  of  the 
State  has  given  such  courts  jurisdiction  and  are  not  considered 
courts  of  record ;  while  superior,  circuit  and  district  courts  can  act  in 
all  cases  where  the  amount  claimed  exceeds  the  amount  named  in  the 
Constitution  of  the  State  or  the  enabling  act  of  a  Territory  for  the 
jurisdiction  of  justices'  courts,  and  are  called  courts  of  record. 
Justices  of  the  peace,  however,  must  keep  a  record  of  all  judicial 
proceedings  had  before  them,  in  a  book  called  the  "Justices' 
Docket,"  and  as  more  real  business  is  done  in  justices'  courts  than 
in  any  others,  and  as  just  as  important  questions  of  law  have  to  be 
decided  by  justices  of  the  peace  as  are  decided  by  the  higher 
courts,  the  people  should  be  careful  to  select  for  their  justices  men 
who  are  well  acquainted  with  the  laws  of  the  State  in  which  they 
are  to  act. 

Before  dismissing  the  subject  it  may  be  well  to  state  that  every 
fact  necessary  to  give  jurisdiction  to  a  justice  of  the  peace  should 
be  affirmatively  shown;  for,  on  appeal,  the  higher  courts  will 
presume  nothing  in  favor  of  justices'  courts.  In  courts  of  record  a 
different  rule  prevails,  for  there  every  presumption  of  the  appellate 
court  will  be  in  favor  of  the  lower  courts,  /i-'liis  shows  the  im- 
portance of  perfect  conformity  to  law  in  the  Justices'  courts,  and 
the  propriety  of  electing  to  the  important  office  of  justice  of  the 
peace,  men  who  understand  the  law,  and  who  will  administer  it 
faithfully. 


EXEMPLIFIED.  257 

Writ  for  Summoning  Jurors. 

State  of  


-.[ 


County  of 

The  People  of  the  State  of  {or  the  State  of ),  to 

any  (Jonstahle  of  said  County^  Greeting  : 

We  command  jou  to  summon lawful  men  of  your  county  to 

appear  before  me  at  my  office  at  —  o'clock  —  m.  (who   are  not  re- 
lated to  plaintili   nor  defendant),    to   serve  as  jurors 

between  said  parties  in  a  certain  case  pending  before  nie;  and  have 
3^on  then  and  there  the  names  of  said  jurors  and  this  writ. 

Witness  my  hand  this  —  day  of ,  18 — . 

John  Doe, 
Justice  of  the  Peace. 

Summons  of  Juror. 

Justice's  Court,  Township, 

County  of ,  State  of  — . 

,  Justice  of  the  Peace. 

To :  You  are  hereby  notified  and   required  to  attend 

before ,  Justice  of  the  Peace  of township  above-named 

on  the day  of ,  at o'clock m.  at  the  court-room 

said  justice  of  the  peace,  then  and  there  to  serve  as  a  juror. 

By  order  of , 

Justice  of  the  Peace. 
Herein  fail  not,  under  the  penalty  of  the  law. 

Served  on .       ) 

>  A  B,   Constahle. 
Date ,  18—  ) 

Form  of  Execution. 

In  the  Justice's  Court  of Township,  of  County  of , 

State  of . 

The  People  of  the  State  of ,  *   to  the  Sheriff    or  any  Con- 
stahle of  the  — —  County  of ,  Greeting  : 

Judgment. 

Judgment. 
Costs 


Accruing  Costs. 

Execution    and  Filino; . .  $ 

Levy '....$ 

Advertisements % 

Keeping $ 


*The  process  must  be  in  the  words  prescribed  by  the  Constitution  of  the  State. 
17 


258  LEGAL    PROCEEDINGS 

Whereas,  a  judgment  was  rendered   before  me ,  a  justice 

of  the  peace  of township  in  said  county  of ,  on  the 

(^av  of ,  18 — ,  against ,  defendant,  and  in  favor  of , 

plaintiff,  for   the  sum  of dollars,  damages,  and dollars, 

costs  of  suit ; 

These  are  therefore  to  command  you,  that  out  of  the  personal 
property,  and  if  sufficient  personal  property  cannot  be  found,  then 

out  of  tiie  real  property  of  the  said ,  you  levy  and  cause  to  be 

made  by  sale  the  said  amount  of dollars,  damages,  and 

dollars,  costs  of  suit,  together  with  any  costs  that  may  accrue ; 

and  of  this   writ  make  legal  service  and   due  return  within 

days  after  jour  receipt  hereof. 

Given  under  my  hand  this day  of ,  18 — . 

Justice  of  the  Peace  of  said  Township. 

Execution  for  Fees. 

In  the   Justice's   Court  of ■  Township,  in   the County  of 

,  State  of . 

The  People  of  the  State  of ,  *  to  the  Sheriff  or  any  Constable 

of  the  said  County^  Greeting  : 

Whereas,  in  a  certain  suit  now  pending  in  the  justice's  court  of 

the township,  of  the  county  aforesaid,  wherein is 

plaintiff ,  and is  defendant ,  there  is  due  the  justice 

of  said  township,  from  the  said  plaintiff for  fees  in  said  case, 

the  sum  of dollars; 

These  are  therefore  to  command  you,  that  of  the  goods  and  chat- 
tels, if  sufficient,  if  not,  then  of  the  lands  and   tenements  of  the 

said ,  you  levy  and  cause  to  be  made,  by  distress  and  sale,  the 

sura  of  dollars,  fees  due  as   aforesaid,  together  with  all  costs 

that  may  accrue;  and  of  this  writ  make  legal  service  and  return, 
on  the day  after  your  receipt  hereof. 

Given  under  my  hand  at  the  township  of  ,  in  the  county 

of ,  this day  of ,  18 — . 

Justice  of  the  Peace  in  and  for  said  County 

Constable's  Sale. 

By  virtue  of  an  execution  issued  out  of  Justice court,  of 

townsliip, county  of ,  State  of ,   dated  the 


day  of  -,  18 — ,  in   a  certain  action  wherein as re 

covered  judgment  against on  the day  of ^^~- 

I  have  levied  upon  the  following  described  property,  to  wit : 

[Describe  the  property  levied  oq  fully.] 


*  The  process  prescribed  bv  the  Constitution  of  the  State,  or  by  the  organic 
act  of  the  Territory,  must  be  followed  in  all  writs  issued  by  its  officers,  or  the 
writs  will  be  void. 


FXEMPLIFIED.  259 

Notice  is  hereby  given  that  on day  the day  of 

188 — ,  at o'clock  ^ m.  of  that  day  at  — —  county  of  • 


I  will  sell  all  the  right,  title  and  interest  of  said in  and  to  the 

above  described  property,  at  public  auction,  for  cash to  the 

highest  and  best  bidder,  to  satisfy  said  execution  and  all  costs. 
Dated  at ,  the day  of- ,  1S8 — . 

— —  ___    ^ 

Constable. 
Form.— Of  Execution  from  Justice's  Court  in  Colorado. 


EXECUTION. 


State  of  Colorado,  , 


I 


County  of 

The  People  of  the  State  of  Colorado,  to  any  Constable  of  said 
County^  Greeting: 

We  command  you,  that  of  the  goods  and  chattels  of  A  B  in 

your  county,  you  make  the  sum  of dollars  and cents 

debt,  and dollars  and cents  costs,  against  the  said  A  B, 

and  hereof  make  return  within  thirty  days  from  this  date. 

Given  under  my  hand  and  seal  this day  of ,  18 — . 

,  [seal.] 

Justice  of  the  Peace. 

Writ  of  Restitution.— Statutory  Form  of  in  New  Mexico. 


The  Territory  ofNeio  Mexico^  to  the  Sheriff  {or  Constable)  of 

County^  Greeting: 

Whereas,  on  the day  of ,  18 — ,    (A  B)  obtained  judg- 
ment before  the  undersigned,  justice  of  the  peace,  of  the  township 

of ,  in  the  county  of ,  against ,  that  he  have  restitution 

of  (here  insert  a  description  of  the  premises  as  in  the  complaint  if 
the  judgment  be  for  the  whole,  or  as  in  the  judgment  if  it  be  for  a 

part),  and  that  he  recover  of  the  said the  sum  of damages, 

and  in  addition  thereto  at  the  rate  of for  rents  and  protits, 

from  the day  of 18 — ,  until  restitution  shall  be  made, 

together  with  costs;  you  are  hereby  commanded  to  take  with  you 

the  power  of  the  county,  if  necessary,  and  to  cause  the  said 

to  be  forthwith  removed  from  the  said  premises,  and  the  said 

to  have  peaceable  possession  thereof,  and  that  of  the  goods  and 

chattels  of  the  said you  cause  to  be  levied  the  damnges,  rents 

and  profits  aforesaid,  with  the  sum  of for  costs  and for 

this  writ,  and  your  fees  thereon,  and  that  you  return  this  writ, 
with  your  doings  thereon,  to  the  undersigned  within  twenty  days 
front  the  date  hereof. 

Given  under  my  hand  this day  of ,  18 — . 


Justice  of  the  Peace. 


CHAPTER  XI. 

CORPORATIONS,  COPARTNERSHIPS,  ETC. 

Corporations  are  artificial  bodies  (without  souls)  existing  under 
the  authority  of  some  sovereign  power  or  under  the  statute  of  some 
State  or  Territory.  Such  statutes  usually  name  the  purposes  for 
which  such  corporations  may  be  formed,  and  provide  the  manner 
in  which  they  must  be  formed,  or  brought  into,  and  continue  their 
existence,  which  is  substantially  as  follows.  In  the  first  place  the 
required  number  of  men  named  in  the  statute  for  forming  such 
corporation  must  prepare  Articles  of  Incorporation  setting  forth 
(generally): 

1.  The  name  of  the  incorporation. 

2.  The  purpose  for  which  it  is  formed. 

3.  The  place  where  its  principal  business  is  to  be  transacted. 

4.  The  term  for  which  it  is  to  exist  (not  exceeding  the  time 
limited  by  the  statute  under  which  it  is  formed). 

5.  The  number  of  its  directors,  or  trustees  (which  is  usually 
not  less  than  five  nor  more  than  eleven;  but  the  statute  of  the 
State  under  which  the  corporation  is  being  formed  will  limit  the 
extreme  number  in  both  directions),  with  the  names  and  residences 
of  those  who  are  appointed  to  act  the  first  year,  etc. 

6.  The  amount  of  the  capital  stock  of  the  company  (if  any), 
and  the  number  of  shares  into  which  it  is  divided. 

7.  (If  there  be  a  capital  stock,  the  amount  actually  subscribed 
and  by  v/hom.) 

The  Articles  of  Incorporation  should  be  signed  and  acknowl- 
edged by  the  trustees  (or  directors),  and  filed  with  the  county 
clerk  of  the  county  in  which  the  principal  business  of  the 
company  is  to  be  transacted,  and  a  certified  copy  thereof  filed  with 
the  Secretary  of  State,  who  will,  in  many  States,  issue  to  the  corpora- 
tion, over  the  great  seal  of  the  State,  a  certificate  that  such  articles, 
containing  the  required  statement  of  facts,  has  been  filed  in  his 
office. 

By   these   acts   the   parties   forming  the  company,  and    their 
successors,  will  become  and  be  a  corporate  body. 

(260) 


PARTNERSHIP. 


261 


Articles  of  Incorporation  of  the  Alabama  Cotton  Manu- 
facturing Company. 

Know  all  men  by  these  presents,  that  we  the  undersigned  have 
this  day  voluntarily  associated  ourselves  together  for  the  purpose 
of  forming  a  corporation  under  the  laws  of  the  State  of  Alabama; 
and  we  hereby  certify: — 

First.  That  the  name  of  said  corporation  is  the  Alabama  Cotton 
Manufacturing  Company. 

Second.  That  the  purposes  for  which  said  corporation  is  formed 
are:  The  manufacturing  of  the  lint  of  cotton  into  sheetings.^  cali- 
coes^ and  all  descriptions  of  cotton  cloths^  the  hulling  of  cotton 
seeds.,  and  preparing  oils  therefrom.,  and  the  sale  of  the  products 
of  such  manufacture. 

Third.  That  the  place  where  its  principal  business  is  to  be  trans- 
acted shall  be  at  Troy.,  in  Pike  County.,  State  of  Alabama. 

Fourth.  That  the  term  for  which  it  is  to  exist  is  fifty  years  from 
and  after  the  date  of  its  incorporation. 

Fifth.  That  the  number  of  its  directors  (or  trustees)  shall  be 
seven,  and  that  the  names  and  residences  of  those  who  are 
appointed  for  the  first  year  are:  J.  McCaleb  Wylie,  Troy,  Alabama; 
Andrew  P.  Love,  Troy,  Alabama;  Bird  Fitzpatrick,  Troy,  Ala- 
bama; John  Key,  Troy,  Alabama;  Henry  A.  Gaston,  San  Jose, 
California;  Andrew  A.  Gaston,  San  Jose,  California;  Wm.  A. 
Gaston,  San  Jose,  California. 

Sixth.  That  the  amount  of  the  capital  stock  of  this  corporation 
shall  be  one  million  dollars,  divided  into  ten  thousand  shares  of 
the  par  value  of  one  hundred  dollars  each. 

Seventh.  That  the  amount  of  said  capital  stock  which  has  been 
actually  subscribed  is  five  hundred  thousand  dollars,  and  the  fol- 
lowing are  the  names  of  the  persons  by  whom  the  same  have  been 
subscribed,  to  wit: 


Names  of  Subscribers. 


J.  McCaleb  Wylie 
Andrew  P.Love.. 
Bird  Fitzpatrick.. . 

John  Key 

Joel  Murfree 

U.  L.  Jones 

H.  A.  Gaston 

A.  A.  Gaston 

Wm.  A.  Gaston 

Peter  Colman 


Amount. 

$50,000 
50,000 
50,000 
50,000 
50,000 
50,000 
50,000 
50,000 
50,000 
50,000 


262  COKPOKATIONS   AND 

in  witness   whereof,    we   have   hereunto    set   our   hands    and 
seals,  this  second  day  of  January,  a.  d.  1883. 

J.  McCaleb  Wylie.     [seal.] 

[Each  of  the  directors  (or  trustees)  should  sign,  seal  and  acknowledge  the 
instrument.] 
Signed  and  sealed  in  the 
presence  of 


Acknowledgment. 


State  of , 

County  of , 

On  this day  of ,  in  the  year  18—,  before  me  — -,  a 

notary  public  in  and  for  said county,  residing  therein    duly 

commissioned  and  sworn,  personally  appeared  J.  McCaieb  Wytie, 
Andr&io  P.  Love,  A.  A.  Gaston,  etc.  (all  the  directors  or  trustees), 
who  are  to  me  personally  known  to  be  the  persons  whose  names 
are  subscribed  to  the  foregoing  instrument,  and  they  each  duly 
acknowledged  to  me  that  they  executed  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  athxed 
my  official  seal  the  day  and  year  last  above  written. 

r^   g  1  Notary  Public. 

[The  acknowledgment  must  conform  to  the  requirements  of  the  law  of  the 
State  in  which  such  acknowledgment  may  be  taken.] 


LAWS     RELATING     TO    PARTNERSHIPS. 

1.  Partnership  is  the  association  of  two  or  more  persons,  fur  the 
purpose  of  carrying  on  business  together,  and  dividing  the  profits 
between  them. 

2.  Part  owners  of  a  ship  do  not,  by  simply  usmg  it  in  a  joint 
enterprise,  become  partners  as  to  the  ship. 

3.  A  partnership  can  be  formed  only  by  the  consent  of  all  the 
parties  thereto,  and  therefore  no  new  partner  can  be  admitted  into 
a  partnership  without  the  consent  of  every  existing  member  thereof. 

4.  The  property  of  a  partnership  consists  of  all  that  is  contrib- 
uted to  the  common  stock  at  the  formation  ot  the  partnership,  and 
all  that  is  subsequently  acquired  thereby. 

5.  The  interest  of  each  member  of  a  partnership  extends  to  every 
portion  of  its  property. 

6.  In  the  absence  of  any  agreement  on  the  subject,  the  shares  in 


PABTNEKSHIP.  263 

the  profit  or  loss  of  the  business  are  equal,  and  the  share  of  cacli 
in  the  partnership  property  is  the  value  of  his  original  contribution, 
increased  or  diminished  bj  his  share  of  profit  or  loss. 

7.  An  agreement  to  divide  the  protits  of  a  business  implies  an 
agreement  for  a  corresponding  division  of  its  losses,  unless  it  is 
otherwise  expressly  stipulated. 

8.  Each  member  of  a  partnership  may  require  its  property  to  be 
applied  to  the  discharge  of  its  debts,  and  has  a  lien  upon  the 
shares  of  the  «ther  partners  for  this  purpose,  and  for  the  payment 
of  the  general  balance,  if  any  due  him. 

9.  Property,  whether  real  or  personal,  acquired  with  partnership 
funds,  is  presumed  to  be  partnership  property. 


Mutual  Obligations  of  Partners. 

10.  The  relations  of  partners  are  confidential.  They  ai-e  trus- 
tees for  each  other. 

11.  In  all  proceedings  connected  with  the  formation,  conduct, 
dissolution,  and  liquidation  of  a  partnership,  every  partner  is  hound 
to  act  ill  the  highest  good  faith  toward  his  copartners.  He  may  not 
obtain  any  advantage  over  them  in  the  partnership  affairs  by  the 
slightest  misrepresentation,  concealment,  threat,  or  adverse  press- 
ure of  any  kind. 

12.  Each  member  of  a  partnership  must  account  to  it  for  every- 
thing that  he  receives  on  account  thereof,  and  is  entitled  to  reim- 
bursement therefrom  for  everything  that  he  properly  expends  for 
the  benefit  thereof,  and  to  be  indemnified  thereby  for  all  losses  and 
risks  which  he  necessarily  incurs  on  its  behalf 

13.  A  partner  is  not  entitled  to  any  compensation  for  services 
rendered  by  him  to  the  partnership. 

14.  A  partner  may  exonerate  himself  from  all  future  liability  to 
a  third  person,  on  account  of  the  partnership,  by  renouncing,  in 
good  faith,  all  participation  in  its  future  profits,  and  giving  notice 
to  such  third  person,  and  to  his  copartners,  that  he  has  made  sucli 
renunciation,  and  that,  so  far  as  may  be  in  his  power,  he  dissolves 
the  partnership  and  does  not  intend  to  be  liable  on  account  thereof 
for  the  future. 

15.  After  a  partner  has  given  notice  of  his  renunciation  of  the 
partnership,  he  can  not  claim  any  of  its  subsequent  profits;  and 
his  copartners  may  proceed  to  dissolve  the  partnership. 


264  LAWS    OF 

General  Partnership. 

16.  Every  partnership  that  is  not  formed  in  accordance  with  the 
law  concerning  special  or  raining  partnerships,  and  every  special 
partnership,  so  far  only  as  the  general  partners  are  concerned,  is 
a  general  partnership. 

Po-wers  and  Authority  of  Partners. 

17.  Unless  otherwise  expressly  stipulated,  the  decision  of  the 
majority  of  the  members  of  a  general  partnership  binds  it  in  the 
conduct  of  its  business. 

18.  Every  general  partner  is  agent  for  the  partnership  in  the 
transaction  of  its  business,  and  has  authority  to  do  whatever  is 
necessary  to  carry  on  such  business  in  the  ordinary  manner,  and 
for  this  purpose  may  bind  his  copartners  by  an  agreement  in 
writing. 

19.  A  partner,  as  sucli,  has  no  authority  to  do  any  of  the  follow- 
ing acts,  unless  his  copartners  have  wholly  abandoned  the  business 
to  him,  or  are  incapable  of  acting  : 

1.  To  make  an  assignment  of  the  partnership  property,  or  any 
portion  thereof,  to  a  creditor,  or  to  a  third  person  in  trust  for  the 
benefit  of  a  creditor,  or  of  all  creditors. 

2.  To  dispose  of  the  good  will  of  the  business. 

3.  To  dispose  of  the  whole  of  the  partnership  property  at  once, 
unless  it  consists  entirely  of  merchandise. 

4.  To  do  any  act  which  would  make  it  impossible  to  carry  on 
the  ordinary  business  of  the  partnership. 

5.  To  confess  a  judgment. 

6.  To  submit  a  partnership  claim  to  arbitration. 

7.  To  do  any  other  act  not  within  the  scope  of  the  preceding 
section.     (Sec.  18.) 

20.  A  partner  is  not  bound  by  any  act  of  a  copartner  in  bad 
faith  toward  him  though  within  the  scope  of  the  partner's  powers, 
except  in  favor  of  persons  who  have  in  good  faith  parted  with  value 
in  reliance  upon  such  act. 

Mutual  Obligations  of  Partners. 

21.  All  profits  made  by  a  general  partner,  in  the  course  of  any 
business  usually  carried  on  by  the  partnership,  belong  to  the  part- 
nership. 


PARTNERSHIP.  265 

22.  A  general  partner,  who  agrees  to  give  his  personal  attention 
to  the  business  of  the  partnership,  may  not  engage  in  any  business 
which  gives  him  an  interest  adverse  to  that  of  the  partnership,  or 
which  prevents  him  from  giving  to  such  business  all  the  attention 
which  would  be  advantageous  to  it ;  but  in  other  branches  of 
business  than  those  excepted  in  the  two  sections,  such  partner  may 
engage. 

23.  A  general  partner  transacting  business,  contrary  to  the  fore- 
going provisions,  may  be  required  by  any  copartner  to  account 
to  the  partnership  for  the  profits  of  such  business. 


Liiability  of  Partners. 

24.  Every  general  partner  is  liable  to  third  persons  for  all  the 
obligations  of  the  partnership,  jointly  with  his  copartners. 

25.  Any  one  permitting  himself  to  be  represented  as  a  partner, 
general  or  special,  is  liable,  as  such,  to  third  persons,  to  whom 
such  representation  is  communicated,  and  who,  on  the  faith  thereof, 
give  credit  to  the  partnership. 

26.  No  one  is  liable  as  a  partner,  who  is  not  such  in  fact,  except 
as  provided  in  the  last  section  (above). 


Termination  of  Partnerships. 

2T.  If  no  term  is  prescribed  by  agreement  for  its  duration,  a 
general  partnership  continues  until  dissolved  by  a  partner  or  by 
operation  of  law. 

28.  A  general  partnership  is  dissolved  as  to  all  the  partners: 

1.  By  lapse  of  the  time  prescribed  by  agreement  for  its  dura- 
tion ; 

2.  By  the  expressed  will  of  any  partner,  if  there  is  no  such 
agreement; 

3.  ^y  the  death  of  a  partner; 

4.  By  the  transfer  to  a  person,  not  a  partner,  of  the  interest  of 
any  partner  in  the  partnership  property ; 

5.  By  war,  or  the  prohibition  of  commercial  intercourse 
between  the  country  in  which  one  partner  resides  and  that  in 
which  the  other  resides;  or, 

6.  By  a  judgment  of  dissolution. 


266  LAWS   OF 

29.  A  general  partnership  may  be  dissolved,  as  to  himself  only, 
by  the  expressed  will  of  any  partner,  notwithstanding  his  agree- 
ment for  its  continnance;  subject,  however,  to  liability  to  his 
copartners  for  any  damage  caused  to  them  thereby,  unless  the  cir- 
cumstances are  such  as  to  entitle  him  to  a  dissolution. 

30.  A  general  partner  is  entitled  to  a  judgment  of  dissolution: 

1.  When  he,  or  another  partner,  becomes  legally  incapable  of 
contracting; 

2.  When  another  partner  fails  to  perform  his  duties  under  the 
agreement  of  partnership,  or  is  guilty  of  serious  misconduct;  or, 

3.  When  the  business  of  the  partnership  can  be  carried  on  only 
at  a  permanent  loss. 

31.  The  liability  ot  a  general  partner  for  the  acts  of  liis  copart- 
ners continues,  even  after  a  dissolution  of  the  copartnership,  in 
favor  of  persons  who  had  dealings  with  and  given  credit  to  the 
partnership  during  its  existence,  until  they  have  had  personal 
notice  of  the  dissolution  ;  and  in  favor  of  other  persons  until  snch 
dissolution  has  been  advertised  in  a  newspaper  published  in  every 
county  where  the  partnership,  at  the  time  of  its  dissolution,  had  a 
place  of  business,  if  a  newspaper  is  there  published,  to  the  extent 
in  either  case  to  which  such  persons  part  with  value  in  good  faith, 
and  in  the  belief  that  such  partner  is  still  a  member  of  the  firm. 

32.  A  change  of  the  partnership  name,  which  plainly  indicates 
the  withdrawal  of  a  partner,  is  sutficient  notice  of  the  fact  of  such 
withdrawal  to  all  persons  to  whom  it  is  communicated  ;  but  a 
change  in  the  name,  which  does  not  contain  such  an  indication,  is 
not  notice  of  the  withdrawal  of  any  partner. 


Liquidation. 

33.  After  the  dissolution  of  the  partnership,  the  powers  and 
authority  of  the  partners  are  such  only  as  appear  in  the  four 
sections  next  following. 

34.  Any  member  of  a  general  partnership  may  act  in  liquidation 
of  its  affairs,  except  as  provided  by  the  next  section. 

35.  If  the  liquidation  of  the  partnership  is  committed,  by  con- 
sent of  all  the  i)artners,  to  one  or  more  of  them,  the  others  have 
no  rijrht  to  act  therein  ;  but  their  acts  are  valid  in  fiivor  of  persons 
parting  with  value,  in  good  faith,  upon  credit  thereof. 

36.  A  partner  authorized  to  act  in  liquidation  may  collect,  com- 
promise, or  release  any  debts  due  to  the  partnership;  pay  or  com- 


PARTNERSHIP.  267 

promise  any  claims   against   it,   and  dispose  of  the    partnership 
property. 

37.  A  partner  authorized  to  act  in  liquidation  may  enter,  in  tlie 
name  of  the  firm,  into  any  obligation,  by  way  of  satisfaction  of  a 
partnership  debt,  or  as  a  collateral  security  therefor  ;  but  he  can 
not  make,  draw,  or  indorse  any  other  obligation  in  its  name,  nor 
revive  a  debt  against  the  firm. 


Form. — Of  Agreement  of  Partnership. 

This  agreement,  made  the  second  day  of  January,  a.  d.  1882, 
between  Harvey  Boone  and  J.  W.  Wright,  of  the  town  of  Bodie, 
County  of  Mono,  and  State  of  California,  witnesseth  :  That  the 
said  parties  have  agreed  to  become  copartners  in  the  business  of 
wholesale  and  retail  grocery  and  provision  and  dry  good  mer- 
chants, and,  by  these  presents,  do  agree  to  be  copartners  together 
under  and  by  the  firm  name  of  "Harvey  Boone  &  Co.,"  for  the 
purpose  of  buying,  selling,  and  vending  all  kinds  of  goods,  wares 
and  merchandise  belonging  to  the  said  business,  and  to  occupy 
(the  store  in  said  town  now  occupied  by  them),  which  partnership 
shall  commence  (on  the  day  of  making  these  presents),  and  con- 
tinue for  the  term  of  (five)  years  from  this  day;  and,  for  that  pur- 
pose, each  of  said  parties  i»uts  into  the  concern,  as  his  portion  of 
the  capital  stock  of  said  firm  (the  sum  of  twenty-five  thousand  dol- 
lars), all  of  which  it  is  agreed  is  to  be  used  and  employed  in  com- 
mon between  them,  for  the  support  and  management  of  the  said 
business,  and  for  their  mutual  and  equal  benefit  and  advantage. 
Audit  is  agreed  by  the  parties  to  this  instrument  that,  at  all  times 
during  the  continuance  of  their  copartnersiiip,  they,  and  each  of 
them,  will  give  their  attendance,  and  do  their,  and  each  of  their, 
best  endeavors,  and,  to  the  utmost  of  their  skill  and  ability,  exert 
themselves  for  their  joint  interest,  profit,  benefit,  and  advantage, 
and  truly  employ,  buy  and  sell  merchandise  with  their  joint  stock, 
and  for  the  increase  thereof,  in  the  business  aforesaid;  and  also 
that  they  shall  and  will,  at  all  times  during  the  said  partnership, 
bear,  pay,  and  discharge  equally  between  them,  all  rents  and  other 
expenses  that  may  be  required  for  the  support  and  management  of 
the  said  business;  and  that  all  gains,  profits  and  increase  that  shall 
come,  grow,  or  arise  from,  or  by  means  of,  their  said  business, 
shall  be  divided  share  and  share  alike  between  them;  and  that  all 
losses  that  shall  happen  to  their  said  joint  business,  by  bad  debts, 
poor  commodities,  or  otherwise,  shall  be  borne  and  paid  by  them 
share  and  share  alike. 

It  is  further  agreed  between  the  said  parties  that  there  shall  be 
kept,  at  all  times  during  the  continuance  of  their  copartnership, 
correct,  just,  and  true  books  of  account,  wherein  each  of  the  said 
copartners  shall  enter  and  set  down,  or  cause  to  be  entered  and  set 


268  PARTNERSHIP. 

down,  all  money  by  them  or  either  of  them,  received,  laid  out,  and 
expended  in  and  about  the  said  business,  and  also  all  goods,  wares, 
merchandise,  and  commodities  by  them  or  either  of  them  bought 
or  sold  by  reason  or  on  account  of  the  said  business,  and  all  mat- 
ters and  things  whatsoever  to  the  said  business  and  to  the  man- 
agement thereof  in  any  wise  belonging,  which  said  books  shall  be 
used  in  common  between  the  said  copartners,  so  that  either  of 
them  may  have  access  thereto  at  any  time,  without  interi'uption  or 
hindrance  of  the  other. 

It  is  also  agreed  by  said  copartners,  that  once  in  each  year,  that 
is  to  say,  on  (the  first  day  of  July  in  each  and  every  year)  and 
oftener,  if  necessary,  the  said  copartners  shall  make,  yield  and 
render,  each  to  the  other,  a  just,  true  and  correct  inventory  and 
account  of  all  profits  and  increase  by  them  or  either  of  them  made, 
and  of  all  losses  by  them  or  either  of  them  sustained;  and  also  of 
all  payments,  receipts,  disbursements,  and  of  all  other  things  by 
them  or  either  of  them  made,  received,  disbursed,  acted,  done  or 
suffered  in  their  said  copartnership  and  business;  and  the  same 
account,  so  made,  shall  and  will  clear,  adjust,  pay  and  deliver 
each  to  the  other,  at  that  time,  their  just  share  of  the  profits  made 
in  their  said  business. 

The  said  parties  further  mutually  covenant  and  agree,  to  and 
with  each  other,  that  during  the  continuance  of  the  said  partner- 
ship, neither  of  them  shall  or  will  indorse  any  note,  or  otherwise 
become  surety  for  any  person  or  persons  whomsoever,  without  the 
consent  of  the  other  of  said  copartners;  and  further,  that  at  the 
end,  or  sooner  determination  of  their  copartnership,  the  said  co- 
partners shall  and  will,  each  to  the  other,  make  a  true,  just,  correct 
and  final  account  of  all  things  relating  to  their  said  business,  and 
in  all  matters  truly  adjust  the  same;  and  all  and  every  the  stock 
and  stocks,  and  the  gains  and  increase  thereof  which  shall  appear 
to  be  remaining  either  in  money,  goods,  wares,  fixtures,  debts,  or 
otherwise,  shall  be  divided  equally  between  them,  share  and  share 
alike. 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands 
(and  seals)  at  Bodie  aforesaid,  the  day  and  year  first  above  writ- 
ten. 

,  Harvey  Boone,     [seal.] 

J.  W.  Wright.      [seal.] 

Signed,  sealed  and  delivered  in  du- 
plicate in  the  presence  of  J.  A. 
Caldwell,  S.  B.  Ferguson. 


Form  of  Renewal  of  Partnership. 

Whereas,  the  partnership  formed  between  the  undersigned  in 
accordance  with  the  within  agreement  will  expire  on  the  first  day 
of  January,  1885,  it  is  hereby  agreed  that  the  said  partnership  shall 


PABTNEKSHIP.  269 

be  continued  upon  the  same  terms  in  every  respect  as  mentioned 
within,  for  the  further  term  of  iive  years  from  the  date  above 
named. 

Witness  our  hands  hereto  this day  of ,  a.  d 


H.  Boone. 

J.  W.  Wright. 


Dissolution  of  Partnerships. 

Where  a  partner  hip  expires,  either  by  limitation  of  time,  mutual 
consent,  or  the  withdrawal  of  one  or  more  of  its  members,  public 
notice  of  the  dissolution  should  be  given  in  the  newspapers,  and 
personal  notice  should  be  given  to  all  the  former  creditors  of  the 
firm,  or  the  withdrawing  partners  may  be  held  responsible  for  sub- 
sequent indebtedness  contracted  by  other  members  of  the  old  firm. 
Notices  substantially  in  the  following  form  should  be  published 
and  also  sent  to  former  creditors  of  the  firm. 


Dissolution. 

Notice  is  hereby  given  that  the  copartnership  heretofore  existing 

between  the  undersigned,  under  the  firm  name  of ,  is  this  day 

dissolved  by  limitation  and  mutual  consent. 

The  business  will  be  continued  by ,  at  the  place  of  business 

heretofore  occupied  by  the  old  firm. 

Said is  hereby  authorized  to  settle  all  liabilities  and  collect 

all  outstanding  indebtedness  due  said  firm  of . 

Witness  our  hands  and  seals  this day  of ,  a.  d.  18 — . 

(Signed) , 


Dissolution. 

The  copartnership  heretofore  existing  under  the  name  and  style 

of ,  is  this  day  dissolved  by  limitation.     All  accounts  due  us 

will  be  paid  to  our  successors,  

(Date.)  


We  have  this  day  formed  a  copartnership  under  the  name   and 

style  of ,  for  the  purpose  of  continuing  the business  as 

successors  to 

(Date.) 


270  PARTNERSHIP. 

Dissolution. 

The  copartnership  heretofore  existing  between  the  undersigned 

under  the  firm  name  of has  this  day  been  dissolved  by  mutual 

consent.     Mr.  has  sole  charge  of  adjusting  the  business  of 

the  firm  and  will  receive  all  moneys  due  us. 

(Place  and  date.) 


Sometimes  one  member  withdraws  from  a  firm  and  another 
partner  is  admitted  to  it  in  the  retiring  partner's  place.  In  such  a 
case  a  notice  substantially  like  the  following  should  be  published: 


Notice. 

(Place  and  Date.) 
Mr.  has  withdrawn  from  the  firm  of and  Mr, 


has  been  admitted  in  his  stead,  by  consent  of  the  remaining  part- 
ners. 


CHAPTER  XII. 

FORMS  OF  COMPLAINTS,  ETC. 

Complaints,  answers,  and  demurrers,  are  called  j^leadings  in 
legal  proceedings.  A  complaint  is  a  formal  statement  in  writing, 
and  in  ordinary  and  concise  language,  of  the  facts  which  constitute 
a  cause  of  action,  made  by  a  person  who  brings  the  suit,  and  is 
called  a  "plaintifi,"  against  some  other  person,  who  is  called  a 
"defendant." 

An  answer  is  a  statement,  generally  in  writing,  made  by  the 
"  defendant,"  of  facts  which  he  may  believe  to  constitute  a  defense 
against  the  complaint  of  the  "  plaintiff." 

A  demurrer  is  an  objection,  in  writing,  to  the  legal  sufficiency 
of  the  complaint,  when  made  by  the  defendant,  or  to  the  legal 
sufficiency  of  the  answer,  when  made  by  the  plaintiff. 

When  complaints  fail  to  state  legal  causes  of  action,  or  fail  to 
comply  with  the  legal  requirements  of  a  complaint,  they  will  be 
successfully  demurred  to;  and  when  answers  tail  in  like  particulars, 
they,  too,  will  prove  of  no  value  unless  amended. 

Pleadings  in  justices'  courts  are  often  oral,  particularly  answers; 
and  pleadings  in  those  courts  are  not  held  to  the  same  strictness  as 
pleadings  in  courts  of  record. 

Let  us  now  suppose  that  a  firm  or  partnership,  consisting  ot 
"William  Irwin  and  J.  W.  Stewart,  does  a  lumbering  business  in 
the  town  of  Bodie,  Mono  County,  California,  under  the  name  of 
J.  W.  Stewart  &  Co.,  and  that  such  firm  sold  lumber  to  J.  W. 
Crocker  some  time  in  August,  1881,  amounting  in  value  to  one 
hundred  and  thirteen  dollars  and  fifty-three  cents;  that  Mr.  Crocker 
promised  to  pay  for  the  lumber  in  September  following,  and  that 
failing  to  do  so,  on  the  fifth  day  of  October,  1881,  the  firm  brought 
suit  against  him  to  recover  the  amount.  The  complaint  might 
read  thus: 

Form  For  Merchandise  Sold  and  Delivered. 

In  Justice's  Court  of  Bodie  Township,  County  of  Mono  and  State 
of  California,   before  Thos.   ISTewman,   Esq.,   Justice   of  the 

(271) 


272  FORMS    OF 

Peace.     Wm.  Irwin  and  J.  W.  Stewart,  partners,  doing  busi- 
ness under  the  firm  name  and  style  of 

J.  W.  Stewart  &  Co., 
Plaintiff, 
vs. 

J.  W.  Crocker,  I 

Defendant.  J 

The  above-named  plaintiff,  Wm.  Irwin  and  J.  W.  Stewart, 
partners,  doina;  business  under  the  firm  name  and  style  of  J.  "W. 
Stewart  &  Co.,  complain  of  the  defendant  above  mentioned,  J.  W. 
Crocker,  and  for  cause  of  action  say: 

That  between  the  first  day  of  August  and  the  first  day  of  Sep- 
tember of  A.  D.  1881,  at  the  town  of  Bodie,  county  of  Mono  and 
State  of  California,  the  plaintiffs  bargained,  sold,  and  delivered  to 
said  defendant,  at  defendant's  special  instance  and  request,  certain 
merchandise,  to  wit.,  lumber  and  materials  of  the  full  value  of  one 
hundred  and  thirteen  dollars  and  fifty-three  cents  (in  gold  coin). 

That  in  consideration  of  said  sale  and  delivery,  the  said  de- 
fendant then  and  there  undertook  and  promised  to  pay  the  said  sura 
of  money  to  plaintiffs  whenever  thereafter  requested  so  to  do. 

That  plaintiffs  have  often  requested  the  defendant  to  pay  said 
sum,  but  to  pay  the  same,  or  any  part  thereof,  defendant  has 
hitherto  wholly  neglected  and  failed,  and  still  does  neglect  and 
fail,  to  plaintiff's  damage,  in  the  sum  of  one  hundred  and  thirteen 
dollars  and  fifty-three  cents. 

Wherefore,  plaintiffs  demand  judgment  against  said  defendant 
for  the  sum  of  one  hundred  and  thirteen  dollars  and  fifty-three 
cents  (in  gold  coin),  besides  costs  of  this  action. 

H.  A.G -— , 

Attorney  for  Plaintiffs. 

Form  Of  Verification  by  a  Book-keeper. 

State  of  California, 
County  of  Mono. 
Geo.  11.  Winterburn,  being  duly  sworn,  says  that  he  is  clerk 
and  book-keeper  of  the  plaintiffs  above  named,  and  was  such  at 
the  times  stated  in  the  foregoing  complaint,  and  when  said  lumber 
and  materials  were  sold  and  delivered  to  said  defendant,  as  therein 
stated;  that  he  has  read  the  said  c-mplaint,  and  understands  the 
contents  thereof,  and  that  the  same  is  true  of  his  own  knowl- 
edge, wherefore  he  verifies  the  same. 

G.  H.  Winterburn. 

Subscribed  and  sworn  to  before  me, 
this  fifth  day  of  October,  a.  d.  1882, 
Tno8.  Nkwman, 

Justice  of  t?ie  Peace. 

In  connection  with  the  foregoing  complaint,  it  will  be  proper  to 

say  that,  by  virtue  of  the  general  rules  of  law,  the  names  of  all  the 


COMPLAINTS  373 

partners  constituting  a  firm,  must,  if  the  company  (/.  e.^  the  partner- 
ship) brings  suit,  be  set  out  in  tlie  complaint;  but  by  virtue  of  a  statute 
of  Nevada,  if  the  defeixdants  be  a  partnership,  and  the  names  of 
the  partners  constituting  the  firm  be  unknown  to  the  plaintiff,  he 
may  bring  suit  against  them  under  the  name  by  which  they  are 
generally  known.  In  most  States,  however,  where  the  names  of 
persons  constituting  a  partnership  are  unknown  to  the  plaintiff,  he 
may  use  fictitious  names  for  the  partners,  in  his  complaint,  and 
when  he  discovers  their  real  names,  ask  the  court  to  substitute 
the  real  for  the  fictitious  names;  and  this  practice  would  be  good 
and  safe  in  Nevada,  notwithstanding  the  statute. 

Form   of  Complaint  against   Maker   and   Indorser  of   a 
Promissory   Note. 

In  the  District  Court  of  the  First  Judicial  District  of  the  State  of 
Nevada,  in  and  for  the  County  of  Storey. 

The  Nevada  Bank  of  San  Francisco, 

A  Corporation,  Plaintiffs 

vs. 
A.  M.  Peters,  G.  H.  Peters  and  | 

Wm.   Myers,  Defendants.  J 

The  Nevada  Bank  of  San  Francisco,  plaintiff  above  named, 
comphiins  of  A.  M.  Peters,  G.  H.  Peters  and  Wm.  Myers  and  for 
cause  of  complaint  alleges  : 

That  plaintiff  is,  and  at  the  times  hereinafter  mentioned  was,  a 
corpnration  duly  organized  and  existing  under  and  bv  virtue  of  the 
laws  of  the  State  of  California,  engaged  in  the  business  of  bank- 
ing, selling  exchange,  receiving  deposits,  and  of  loaning  money  in 
said  State,  and  also  in  the  State  of  Nevada. 

That  on  the  third  day  of  October,  a.  d.  1882,  the  defendants,  A. 
M.  Peters  and  G.  H.  Peters,  by  their  promissory  note,  promised  to 
pay  to  the  defendant,  Wm.  Myers,  or  order,  at  the  agency  of  the 
Nevada  Bank  of  San  Francisco  in  the  City  of  Virginia,  County  of 
Storey,  and  State  of  Nevada,  on  the  third"  day  of  November,  a.  d. 
1882,  three  hundred  and  eighty-four  dollars  ($384.00)  in  gold  coin 
of  the  United  States,  with  interest  in  like  gold  coin,  from  date,  at 
the  rate  of  one  and  one  half  (1^)  per  cent,  per  month  until  paid, 
payable  monthly,  and  if  not  so  paid,  to  become  part  of  the  Drincipal' 
and  bear  like  rate  of  interest. 

That  prior  to  the  matui'ity  of  said  note,  tlie  said  Wm.  Myers 
indorsed  the  same  to  the  plaintiff,  and  at  the  same  time  made  upon 
the  back  of  said  note  the  following  indorsement,  to  wit:  "For 
value  received  I  hereby  waive  presentation  of  this  note  to  the 
makers,  demand  of  payment,  protest,  and  notice  of  non-payment 

"Wm.  Myers." 
18 


274  FORMS    OF 

That  defendants,  or  either  of  them,  have  not  paid  said  note  and 
interest,  or  any  part  thereof. 

Wherefore  plaintiff  demands  judgment  for  the  sum  of  three  hun- 
dred and  eighty-four  dollars  principal  sum,  besides  interest,  as 
provided  in  said  note,  all  in  gold  coin  of  the  United  States,  and 
for  costs  of  this  action. 

John  Knox  Brown, 
Plaintiff ''s  Attorney. 

Form.— Verification  by  an  Attorney. 

State  ot  Nevada,        (^  ^^ 
County  of  Storey.  ) 

John  Knox  Brown,  being  duly  sworn,  says  that  he  is  attorney 
for  the  plaintiff  in  the  above  entitled  action;  that  he  has  read  the 
foregoing  complaint  and  knows  the  contents  thereof,  and  that  the 
same  is  true  of  his  own  knowledge,  except  as  to  the  matters  which 
are  therein  stated  on  information  or  belief,  and  as  to  those  matters, 
that  he  believes  it  to  be  true,  and  that  the  reason  why  he  verifies 
this  complaint  is  because  there  is  not  at  this  date  any  officer  of  said 
corporation,  plaintiff,  in  the  said  county  of  Storey. 

John  K.  Brown. 

Subscribed  and  sworn  to  before  me,  this 
twenty-first  day  of  April,  a.  d.  1883. 

ROBT.  E.  LoWERY, 

Notary  Public,  Storey  County. 

We  will  now  suppose  that  the  foregoing  complaint  is  filed  with 
the  clerk  of  the  district  court  for  Storey  County,  and  that  a  sum- 
mons issued  thereon  in  the  following  : 

Form  of  Summons  in  District  Court. 

In  the  District  Court  of  the  first  Judicial  District  of  the  State  of 
Nevada,  in  and  for  the  County  of  Storey. 

The  Nevada  Bank  of  San  Francisco,  _       ] 

A  Corporation,  Plaintiffs^ 

vs. 
A.    M.  Peters,  G.  H.   Peters  and 

Wm.  Myers,  Defendant. 

Action  brought  in  the  district  court  of  the  First  Judicial  Dis- 
trict of  the  State  of  Nevada,  in  and  for  the  county  of  Storey,  and 
the  complaint  filed  in  said  county  in  the  office  of  the  clerk  of  said 
district  court,  on  thfe  twenty-first  day  of  A])ril,  a.  d.  1882. 

The  State  of  Nevada  sends  greeting  to  A.  M.  Peters,  G.  H.  Peters, 
and  Wm.  Myers,  Defendants: 
You  are  hereby  required  to  appear  in  an  action  brought  against 
you  by  the  above-named  plaintifi  in  the  district  court  of  the  First 


COMPLAINTS.  275 

Judicial  District  of  the  State  of  Nevada,  in  and  for  tlie  connt}--  of 
Storey,  and  answer  the  complaint  tiled  therein  within  ten  days 
(exclusive  of  the  day  of  service)  after  the  service  on  you  of  this 
summons,  if  served  in  said  county,  or,  if  served  out  of  said  county, 
within  twenty  days,  and  in  all  other  cases  forty  days,  or  judgment 
by  default  will  be  taken  against  you  according  to  the  prayer  of  said 
complaint. 

The  said  action  is  brought  to  obtain  a  judgment  of  said  court 
against  you,  defendants,  for  the  sum  of  three  hundred  and  eightv- 
four  dollars,  principal  sum  and  interest  thereon,  as  provided  in  your 
promissory  note,  hereinafter  mentioned,  all  in  United  States  gold 
coin,  and  for  costs  of  the  action.  For  cause  of  action  plaintifl: 
alleges,  that  on  the  third  day  of  October,  a.  d.  1882,  you,  defend- 
ants, A.  M.  Peters  and  G.  H.  Peters,  promised  to  pay  to  the 
defendant,  Wm.  Myers,  or  order,  at  the  agency  of  plaintiff  in  the 
city  of  Virginia,  county  and  State  aforesaid,  on  the  third  day  of 
November,  a.  d.  1878,  the  sum  of  three  hundred  and  eighty-four 
dollars  in  IJnited  States  gold  coin,  with  interest  in  like  coin  thereon 
from  the  date  of  said  note,  at  the  rate  of  one  and  one-half  per  cent, 
per  month  till  paid,  payable  monthly,  and  if  not  so  paid  to  become 
part  of  the  principal  and  bear  a  like  rate  of  interest ;  that  prior  to 
the  maturity  of  said  note  the  said  defendant,  Wm.  Myers,  for 
value  received,  indorsed  the  said  note  to  plaintift"  and'  waived 
presentation  to  makers,  demand  of  payment,  protest,  and  notice 
of  non-payment ;  that  defendants,  or  either  of  them,  have  not  paid 
said  note  and  interest  or  any  part  thereof;  all  of  which  will  more 
fully  appear  by  reference  to  plaintiff's  complaint  on  file  herein,  a 
copy  of  which  is  served  herewith.  And  you  are  hereby  notified 
that,  if  you  fail  to  answer  the  complaint,  the  plaintiif  will  take 
judgment  against  you  for  the  sum  of  three  hundred  and  eighty-four 
dollars  in  United  States  gold  coin,  with  interest  and  costs  as  afore- 
said. 

Giv^en  under  my  hand  and  the  seal  of  the  district  court  of  the 
First  Judicial  District  of  the  State  of  Nevada,  in  and  for  the 
county  of  Storey,  this  twenty-first  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  eighty-three. 

Jos.  E.  McDonald,  Clerk, 
[seal.]  By  Henry  Rolfe,  Deputy  Clerk. 

We  will  suppose  further,  that  the  plaintiff",  by  its  attorney,  files 
an  affidavit  and  an  undertaking,  as  required  by  the  statute  (both  of 
which  will  be  similar  in  form  to  those  already  given  in  the  pro- 
ceeding before  described  in  the  justice's  court),  and  that  a  writ  of 
attachment  issues  in  the  following  : 

Form  of  Attachment. 

In  the  District  Court  of  the  First  Judicial  District  of  the  State 
of  Nevada,  in  and  for  the  County  of  Storey. 


276  FORMS   OF 

The  Nevada  Bank  of  San  Francisco,  "| 

A  Corporation,  _     ^      I 

Plaintiff 

vs. 
A.   M.   Peters,    G.    H.  Peters,    and 
Wm.  Meters, 

Defendants. 

The  State  of  Nevada,  to  the  Sheriff  of  Storey  County,  Greeting  : 
Whereas,  the  above-entitled  action  was  commenced  in  the  First 
Judicial  District  of  the  State  of  Nevada,  in  and  for  the  county  of 
Storey,  by  the  above-named  plaintiff  against  the  above-named 
defend'auts,  to  recover  from  the  said  defendants  the  sum  of  three^ 
hundred  and  eighty-four  dollars,  with  interest^  at  one  and  one-half 
percent,  per.  month  from  the  third  day  of  October,  a.  d.  1882, 
making  about  the  sum  of  four  hundred  and  twenty-eight  dollars 
and  sixty-six  cents  in  United  States  gold  coin,  and  costs  of  suit;  and 
the  necessary  affidavit  and  undertaking  herein  having  been  filed 
as  required  by  law  ; 

Now  we  do  command  you,  the  said  sherift,  that  you  attach  and 
safely  keep  all  the  property  of  said  defendants,  or  either  of  them, 
within  your  said  county  (not  exempt  from  execution),  or  so  much 
thereof  as  may  be  sutficient  to  satisfy  said  plaintifi's  demand,  a? 
above  mentioned,  in  United  States  gold  coin,  unless  the  said 
defendants  give  you  security,  by  the  undertaking  of  at  least  two 
sufficient  sureties,  in  an  amount  sufficient  to  satisfy  such  demand, 
■  besides  costs,  in  which  case  you  will  take  such  undertaking,  and 
hereof  make  due  and  legal  service  and  return. 

Witness  my  hand  and  seal  of  the  said  district  court  of  the  First 
Judicial  District,  this  twenty-first  day  of  January,  a.  d.  1883. 

Jos.  E.  McDonald,  Clerh, 

By  Henry  Rolfe,  Deputy  Clerk. 
Under  the  codes  there  is  but  one  form  of  civil  action,  and  under 
each  code  the  complaint  must  state  the  cause  of  the  action  in 
ordinary  language  and  in  concise  and  simple  terms,  and  yet  differ- 
ent causes  of  action,  when  founded  on  like  facts  and  between  the 
same  parties,  may  and  should  be  joined  in  the  same  complaint 
when  they  arise  from  the  same  transaction  and  between  the  same 
parties.  For  instance,  a  complaint  may  unite  several  promissory 
notes  held  by  one  party  against  another,  or  may  unite  a  book 
account  and  a  promissory  note  against  a  party,  in  one  complaint, 
when  the  basis  of  the  indebtedness  is  similar,  and  so  with  other 
causes  of  action. 

But,  altliough  the  codes  provide  that  there  shall  be  but  one  form 
of  action,  there  are  different  classes  of  action,  and  these  different 
classes  can  not  be  joined  in  the  same  complaint;  besides  which 
there  are  certain  words  applying  to  different  classes  of  action, 


COMPLAINTS.  277 

whicli  must  be  used  in  the  complaint,  or  it  will  be  of  no  value  if 
objected  to  by  a  defendant,  and  would  require  to  be  amended.  For 
instance,  a  party  who  sues  for  wages  must  allege  that  a  certain 
amount  is  due  him  from  the  defendant  "for  work  and  labor  done 
and  performed  by  him  for  the  defendant,"  between  certain  dates, 
"at  the  special  instance  and  request  of  the  defendant;"  ^ while  a 
party  who  loans  money  to  another  without  taking  a  promissory  note 
for  it,  should,  in  his  complaint,  allege  that  "the  defendant,"  on  or 
about  a  certain  time,  "had  and  received"  certain  moneys  (naming 
the  amount)  from  the  plaintiff,  "at  the  defendant's  special  instance 
and  request,  and  then  and  there  undertook  and  promised  to  pay 
to  plaintiff  the  said  sum  of  money  whenever  requested  to  do  so," 
or  at  some  certain  date,  if  the  promise  were  so  made. 

The  foregoing  remarks  are  deemed  proper  for  the  purpose  of 
directing  the  attention  of  non-professional  readers,  for  whose  bene- 
fit this  work  has  been  more  especially  prepared,  to  the  peculiarities 
of  the  following  forms  of  complaint  as  well  as  the  preceding;  for 
although  these  forms  appear  to  be  different,  they  are  really  of  tte 
same  form,  and  differ  in  certain  necessary  technical  words  only, 
and  as  different  matters  of  action  are  treated  of. 


Form. — Complaint  on  Account  for  Goods  Sold  and 
Delivered. 

In  the  District  Court  of  the  First  Judicial  District  of  the  State  of 
Nevada,  in  and  for  the  County  of  Storey.  • 

Hiram  Oaks,  ^ 

Plaintiffs  \ 
vs.  V  , 

David  Noakes, 

Defendant. 
Hiram  Oaks,  the  plaintiff  in  the  above-entitled  complaint,  com- 
plaining of  David  Noakes,  the  above-named  defendant,  alleges: 

That  between  the day  of ,  a.  d.  1881,  and  the day 

of ,  1882,  at  the  county  of  Storey  above  named,  the  said  de- 
fendant, for  and  in  consideration  of  certain  goods,  wares  and  mer- 
chandise sold  and  delivered  by  plaintiff  to  said  defendant  between 
the  dates  above  named,  at  the  special  instance  and  request  of  said 
defendant,  undertook  and  promised  to  pay  to  plaintiff  the  reason- 
able worth  and  value  of  said  goods,  wares  and  merchandise,  when- 
ever requested  so  to  do;  that  the  reasonable  worth  and  value  of 

said  goods,  wares  and  merchandise  is  the  sum  of  dollars  (in 

gold  coin);  that  though  often  requested  to  pay  the  said  sum  of 
money,  the  said  defendant  has  hitherto  neglected  and  failed  to  pay 


278  FORMS    OF 

the  same  or  any  part  thereof,  except  the  sum  of dollars,  on 

or  about  the day  of .and  the  further  sum  of dollars, 

on  or  about  the day  of ,  to  the  damage  of  plaintiff  in  the 

sum  of dollars;  which  sum,  with  interest  thereon  from  the 

day  of ,  A.  D.  1882,  is  now  due  and  unpaid.     Wherefore 


plaintiff  prays  judgment  against  said  defendant  for  the  sum  of - 

dollars  (in  gold  coin),  together  with  interest  thereon,  from' the 

day  of ,  A.  D.  1882,  at  the  rate  of per  cent,   per  annum 

until  the  same  shall  be  paid,  with  costs  of  suit. 

A  B  , 

Attorney  for  Plaintiff. 

The  complaint  and  all  the  following  should  be  verified,  but  as 
several  forms  of  verification  have  been  given,  and  one  other  form 
will  be  added,  it  will  be  unnecessary  to  repeat  the  verifications. 
A  different  form  of  complaint  for  goods  sold  and  delivered  will  be 
given  hereafter.  In  the  foregoing,  any  person  of  ordinary  intelli- 
gence will  see  how  the  blanks  should  be  filled.  If  the  defendant 
in  a  case  like  the  above  should  demand  the  items  of  the  account, 
they  must  be  furnished  him  within  five  days,  or  no  evidence  of 
them  can  be  given  in  court. 


Form. — Complaint  on  a  Promissory  Note  against  Maker. 

In  the  Superior  Court  of  the  State  of  Califo^'nia  in  and  for  the 

County  of  Yolo. 
John  Jones, 

Plaintiffs 
vs. 

Peter  Holmes,  | 

Pefendant.  J 

The  plaintift  above  named,  John  Jones,  complains  of  the  above- 
named  defendant;,  and  for  cause  of  action  alleges,  that  on  or  about 
the day  of ,  a.  d.  1882,  the  said  defendant,  for  value  re- 
ceived therefor,  made  his  certain  promissory  note  in  writing, 
bearing  date  on  that  day,  and  delivered  the  same  to  this  plaintift, 
which  promissory  note  is  in  the  words  and  figures  following,  to 
wit: 

[Set  out  an  exact  copy  of  the  note.] 

and  then  and  there  undertook,  and  promised  to  pay  the  said  sum 
of  money  named  in  said  promissory  note,  with  interest  thereon,  at 
the  time  and  in  the  manner  therein  stipulated;  that  plaintiff  is  now 
the  holder  and  owner  of  said  note,  and  that  no  part  thereof,  nor  of 
the  interest  thereon,  has  been  paid,  and  that  there  is  now  due  and 

unpaid  to  plaintiff  on  said  promissory  note  the  sum  of dollars, 

with  interest  thereon  at  the  rate  of per  cent,  per  month  (the 

rate  named  in  the  note),  from  the day  of ,  a.  d.  1882. 


COMPLAINTS.  279 

Wherefore  plaintiff  demands  judgment  against  said  defendant 

for  the  sum  of dollars  (in  gold  coin  if  so  stated  in  the  note), 

with  interest  thereon  from  the day  of ,  a.  d.  1882,  until 

the  same  shall  be  paid  (in  like  gold  coin),  and  for  costs. 

A B , 

Attorney  fo)'  Plaintiff. 
The  complaint  should  be  verified. 


Form. — Complaint  on  Foreclosure  of  Mortgage. 

In  the  Superior  Court  of  the  State  of  California,  in  and  for  the 

County  of  Santa  Clara. 

Iea  Meek, 

Plaiiitvff\ 

vs.  }- 

William  Deek,  | 

Defendant,  j 

Ira  Meek,  the  plaintiff  in  the  above- entitled  action,  complains 
of  William  Deek,  the  above-named  defendant,  and  for  cause  of 
action  alleges: 

That  on  or  about  the day  of ,  a.  d.  1882,  at  the  city 

of  San  Jose,  in  the  county  of  Santa  Clara,  and  State  of  California, 
the  said  defendant  made  his  certain  promissory  note  in  writing, 
bearing  date  on  that  day,  in  the  words  and  figures  following,  to 
wit: 

[Set  out  here  a  copy  of  the  note,  figure  for  figure  and  word  for  word.  Be  exact 
in  copying  any  instrument  of  writing.] 

and  then  and  there  delivered  the  same  to  this  plaintiff,  and  did  then 
and  there  undertake  and  promise  to  pay  to  plaintiff  the  sum  of 
(whatever  sum  is  named  in  the  note),  with  interest  thereon  at  the 

rate  of per  cent,  yjer  month  from  the  date  thereof,  as  and  at 

the  time  named  in  said  promissory  note. 

That  the  said  defendant,  to  secure  the  payment  of  the  said 
principal  sum  and  the  interest  thereon  as  mentioned  in  said  promis- 
sory note  according  to  the  tenor  thereof,  did  execute  under  his 
hand  (and  seal),  and  deliver  to  plaintiff,  then  and  there,  a  certain 
mortgage  bearing  date  on  said day  of ,  a.  d.  1882,  con- 
ditioned for  the  payment  of  the  said  sum  of dollars and 

interest  thereon  at  the  rate  and  at  the  time,  and  in  the  manner 
specified  in  said  promissory  note  and  mortgage,  and  according  to 
the  conditions  thereof,  which  said  mortgage  was  duly  acknowledged 
and  certified,  so  as  to  entitle  it  to  be  recorded,  and  the  same  was 
afterward,  to  wit,  on  the  day  of ,  a.  d.  1882,  duly  re- 
corded in  the  office  of  the  county  recorder  of  the  county  of  Santa 

Clara,  in  Liber of  mortgages,  pages and ;  a  copy  of 

which  said  mortgage,  Avith  the  indorsements  thereon,  is  hereunto 
annexed,  marked  Exhibit  A,  and  made  a  part  of  this  complaint. 


280  FORMS    01<" 


by  which  mortgage  tlie  said  defendant  covenanted,  promised  ;;nd 
agreed  to  and  with  plaintiff,  as  stated  in  said  mortgage. 

And  plaintiff  avers  that  he  is  still  the  holder  and  owner  of  said 

promissory  note  and  mortgage,  and  that  tlie  principal  sum  of 

dollars  mentioned   in    said    instruments,    together    with    interest 

thereon  at  the  rate  of per  cent,  per ,  from  the day 

of ,  A.  D.  1882,  still  remahis  due  and  unpaid  from  said  defend- 
ant t(^  this  plaintiff. 

(If  there  be  other  mortgages  or  liens  on  the  land  described  in 
the  mortgage,  the  holder's  name  should  be  added  to  the  title  of  the 
action,  and  a  clause  should  be  here  added  to  the  complaint  similar 
to  the  following,  and  the  holders  of  such  liens  should  be  served 
with  process,  and  made  parties  to  the  action.      And  plaintiff  avers 

that  he  is  informed  and  believes   that  and  have,  or 

claimed  to  have,  some  interest  or  claim  upon  said  premises,  as 
purchasers,  mortgagees,  judgment  creditors,  or  otherwise,  which 
interests  or  claims  the  plaintiff  alleges  are  subsequent  to,  and  sub- 
ject to,  the  lien  of  plaintiff's  said  mortgage.) 

Wherefore,  the  plaintiff  prays  judgment  against  the  said  defend- 
ant, "Wm.  Deek,  for  the  sum  of   ' dollars,  with  interest  thereon 

at  the  rate  of per  cent,  per ,  from  the day  of , 

1882,  and  for  costs  of  suit;  tliat  the  usual  decree  be  made  that  the 
premises  described  in  the  said  mortgage  be  sold  by  tlie  sheriff  of 
said  Santa-Clara  County,  according  to  law  and  the  practice  of  the 
court;  that  the  proceeds  of  said  sale  be  applied  in  payment  of  the^ 
amount  due  to  the  plaintiff  on  such  judgment;  that  said  plaintiff" 
may  have  execution  against  defendant  for  any  deficiency  which 
may  remain  after  applying  all  the  proceeds  of  the  sale  of  said 
premises  properly  applicable  to  the  judgment  herein;  that  the 
plaintiff,  or  any  other  person,  may  become  purchaser  at  the  sale  of 
said  premises;  that  if  the  same  be  not  redeemed  according  to  law, 
the  sheriff  execute  a  deed  to  the  purchaser  thereof;  that  such 
purchaser  be  let  into  the  possession  of  the  said  premises  on  pro- 
duction of  the  sheriff"  s  deed  therefor;  and  that  plaintiff  and  his 
successors  in  interest  lierein  may  have  such  further  relief  in  the 
nremises  as  to  this  court  mav  seem  meet  and  a!j;reeable  to  equity. 
^  '  G.  II.  A—-, 

Attoi^ney  for  Plaintiff. 

The  complaint  should  be  verified. 

Form.— Complaint  in  Ejectment. 

In  the  District  Court  of  the  Second  Judicial  District  of  the  State 
of  Nevada,  in  and  for  the  County  of  Washoe. 

Jonas  Benlow,  ] 

PJainfif.  I 

Vn.  \ 

Solon  Henshaw,  | 

Defcndiint.  J 


COMPLAINTS.  281 

The  plaintiffin  the  above-entitled  action  complains  of  the  above- 
named  defendant,  and  for  canse  of  action  avers: 

That  on  the day  of ,  a.  d.  18—,  plaintifi  was  lawfully 

possessed  as  owner  in  fee-simple  of  that  certain  lot,  piece  and 
parcel  of  land  situate  in  said  county  of  Washoe,  and  State  afore- 
said, bounded  and  described  as  follows,  to  wit : 

[Here  insert  a  coiTCCt  description  of  the  land,  giving  proper  metes  and  bound- 
aries.] 

That  the  plaintiff  being  so  possessed,  and,  ever  since  the  time 
above  mentioned,  entitled  to  the  possession  of  said  land,  the  said 

defendant  did,  afterward,  to  wit :  on  said  day  of ,  a.  u. 

IS— 

[Insert  the  same  day  mentioned  above.] 

enter  into  the  possession  of  the  said  premises  and  oust  the  plaintiff 
therefrom,  and  ever  since  said  time  has  unlawfully  withheld,  and 
now  does  unlawfully  withhold,  the  possession  thereof  from  this 

plaintiff,  to  plaintiff's  damage  in  the  sum  of dollars  (in  gold 

coin). 

And  plaintiff  further  avers  that  the  value  of  the  rents,  issues, 

and  profits  of  the  said  ])remises  from  the  said day  of , 

18 — ,  and  while  the  plaintiff  has  been  excluded  therefrom  by  said 

defendant,  is dollars  (in  gold  coin),  in  which  sum  he  alleges 

that  he  sustained  damages  herein. 

Wherefore  the  ]3laintiff  prays  judgment  against  said  defendant 
for  the  restitution  of  the  above-described  premises,  and  for  the  sum 

of dollars  for  the  withholding  thereof,  together  with  the  sum 

of dollars,  the  value  of  said  rents  and  profits,  and  for  costs  of 

suit,  all  (in  gold  coin). 

^     ^  A.  G.  H , 

Attorney  for  Plaintiff. 

The  complaint  should  be  verified. 

Form  of  Complaint  on  Claim  and  Delivery  of  Personal 

Property. 

In  the  District  Court  of  the  Third  Judicial  District  of  the  State  of 
Nevada,  in  and  for  the  County  of  Lyon. 

James  Titus,  ^ 

Plaintiffs  \ 
vs.  >■ 

John  Bitus, 

Pefendant.  J  ' 

James  Titus,  in  this  action,  complains  of  John  Bitus,  and  for 
cause  of  action  alleges  : 

That  on  the day  of ,  a.   d.  1882,  at  the  county  of 

Lyon,  and  State  of  Nevada,  the  plaintiff  was  possessed  and  enti- 


282  FORMS    OF 

tied  to  the  possession  of  the  foUowing  described  goods  and  chat- 
tels, of  the  value  of dollars  in  gold  coin,  to  wit  : 

[Describe  the  property,  and  state  the  value  of  each  article,  if  convenient,  as  nearly 
as  can  be  done.] 

and  that  plaintiff  ever  since  said  time  has  been,  and  now  is,  enti- 
tled to  the  possession  of  tlie  same  ; 

That  on  the day  of ,  1882  (giving  the  same  date  as 

above),  at  the  county  of  Lyon  aforesaid,  the  said  defendant,  Jolui 
Bitus,  without  the  consent  of  plaintiff,  forcibly  and  wrongfully 
took  said  goods  and  chattels  from  the  possession  of  plaintiff ; 

That  before  the  commencement  of  this  action,  to  wit,  on  the 

day  of ,  1882,  the  plaintiff  demanded  the  possession 

of  said  goods  and  chattels  of  said  defendant,  but  to  deliver  the 
possession  thereof,the  defendant  refused  and  still  refuses  ; 

That  defendant  still  wrongfully  withholds  and  detains  said  goods 
and  chattels  from  the  possession  of  pliantiff,  to  plaintiff's  damages 
in  the  sum  of dollars  (the  value  of  the  chattels); 

That  the  value  of  said  goods  and  chattels  is  the   sum  of 

dollars. 

"Wherefore,  the  plaintiff  demands  judgment  against  said  defend- 
ant for  the  recovery  of  the  possession  of  said  goods  and  chattels  ; 

or  in  case  a  delivery  thereof  cannot  be  had,  for  the  sum  of 

dollars,  the  value  thereof,  together  with dollars  damages,  and 

costs  of  suit. 

H.  G , 

Attorney  for  Plaintiff. 

The  complaint  should  be  verified,  and  if  the  plaintiff  desires  to 
take  the  property  again  into  his  possession  forthwith,  he  must  give 
an  undertaking  as  required  by  the  statute,  with  two  good  and 
sufficient  sureties,  and  must  deliver  to  the  sheriff,  or  other  officer 
serving  the  papers,  such  undertaking,  and  affidavit  made  by  him- 
self, or  by  some  person  in  his  behalf,  with  an  indorsement  in  writ- 
ing thereon  by  himself  or  his  attorney,  requiring  the  officer  to  take 
the  goods  and  chattels  into  his  possession.  The  affidavit  should 
be  substantially  in  the  following  : 


Form  of  Affidavit. 

Title  as  in  last  form,  then  as  follows  : 
County  of  Lyon,  ss. 

James  Titus,  being  first  duly  sworn,  says  that  he  is  the  plaintiff 
in  the  above-entitled  action  ;  that  he  is  the  owner  (or  is  entitled  to 
the  possession),  of  the  following  described  goods,  chattels  and 
property,  to  wit  : 

[Here  describe  the  property  particularly.] 

That  said  property  is  wrongfully  detained  from  the  possession 
of  the   plainiifi   by  said  defendant;   that   according  to  the   best 


COMPLAINTS.  283 

knowledge,  information  and  belief  of  affiant,  said  defendant  claims 
to  hold  said  property  by  virtue  of 

[Here  state  the  alleged  cause  of  the  detention  of  the  property.] 

That  the  said  property  has  not  been  taken  for  a  tax,  assessment 
or  fine  pursuant  to  a  statute,  or  seized  under  an  execution  or  an 
attachment,  against  the  propei'ty  of  the  plaintiii  (or,  if  so  seized, 
that  it  is  exempt  by  statute  from  such  seizure);  and  that  the  actual 

value  of  said  property  is dollars. 

Sworn  to  and  subscribed  before  me,  this day  of ,  a.  d. 

1882 

T.  K.  Hawkins, 
Justice  of  the  Peace  in  said  County. 


Form  of  Complaint  of  a  Payee   of  a  Bill  of   Exchange 
against  the  Acceptor. 

In  the  Superior  Court  of  the  State  of  California,  in  and  for  the 
County  of  Nevada. 

T.  D.  James, 

Plaintiff., 
vs.  \- 

A.  B  Ames..  | 

Defendant.  J 

T.  D.  James  complains,  in  this  action,  of  A.  B.  Ames,  a  resi- 
dent of  said  county  of  Nevada,  and,  for  cause  of  action,  alleges  : 

That,  on  the day  of ,  1882,  at  the  county  of ,  State 

of ,  one  Amos  Aaron  made  his  certain  bill  of  exchange  in 

writing,  directed  to  the  defendant,  and  bearing  date  on  the  day 
above  named,  in  the  words  and  figures  following,  to  wit : 
[Set  out  the  bill  verbatim  by  copy.] 

and  then  and  there  delivered  the  said  bill  of  exchange  to  this 
plaintiff  ; 

That,  on  the  day  of ,  1882,  at ,  the  said 

defendant,  u]3on  sight  thereof,  accepted  said  bill  of  exchange  in 
writing,  signed  by  the  said  defendant,  in  the  words  and  figures 
following,  to  wit : 

[Set  out  the  exact  words  and  figures  of  the  acceptance.] 

That  plaintiff  is  the  lawful  owner  and  holder  of  said  bill  of 
exchange,  and  that  no  part  of  the  same  has  been  paid  ;  that  there 
is  now  due  from  the  said  defendant  to  this  plaintiff  the  sum  of 

dollars,  with  interest  thereon  from  the day  of (the 

day  of  acceptance),  1882,  at  the  rate  of per  cent,  per  annum. 

Wherefore  plaintiff  demands  judgment  against  said  defendant 
for  the  sum  of dollars,  with  interest  thereon  at  the  rate  of 


284  FORMS    OF 

per  cent,  per  annum,  from  the day  of ^,  1S82,  and  for  costs 

of  suit. 

James  Apple. 

Attorney  for  Plaintif. 
The  complaint  should  be  verified. 


Form  of   Complaint  for    Conversion  of  the  Property  of 

Another. 

In  the  Superior  Court  of  the  State  of  Oaliiornia,  in  and  for  the 
County  of  Butte. 

Wm.  B.  Latheop,  "I 

Plaintiffs  \ 

vs.  y 

HiRAM  Marvin,  | 

Defendant.  J 

Wm  B.  Lathrop,  in  this  action,  complains  of  Hiram  Marvin,  a 
resident  of  said  Butte  County,  California,  and  allege^: 

First.  That,  at  the  times  hereinafter  mentioned,  this  plaintiff 
was  lawfully  possessed,  as  of  his  own  property,  of  certain  goods 
and  chattels  at  a  place  in  said  county  known  as  the  "  Union  Claim, " 
on  Main  Feather  River,  consisting  of  five  hundred  and  twenty 
sticks  of  timber,  eight  by  eight,  etc.,  all  of  the  same  having  been 
used  in  fluming  the  Union  claim,  a  mining  claim  on  said  river,  and 
being  of  the  value  of  two  thousand  dollars. 

Second.  That  on  or  about  the  thirteenth  day  of  December, 
A.  D.  1882,  at  the  Union  claim  aforesaid,  the  defendant  then  and 
there  being  in  possession  of  said  goods  and  chattels,  unlawfully 
converted  and  disposed  of  the  same  to  his  own  use,  to  plaintiff's 
damage  in  the  sum  of  two  thousand  dollars. 

Wherefore  plaintiff  demands  judgment  against  said  defendant  for 
the  sum  of  two  thousand  dollars,  besides  costs  of  suit. 

Jamf:s  Handy, 
Attorney  for  Plaintiff. 

The  complaint  should  be  verified. 


Form   of   Complaint   on  a  Promissory   Note  where  Dif- 
ferent Payments  have  been  Made. 

In  the  District  Court  ot  the  Sixth  Judicial  District  of  the  State  of 
Nevada,  in  and  for  the  County  of  Eureka. 


•  complaints.  285 

Elias  Gakst  and  James  E.  Galloway,  ~ 
copartners,  doing  business  under  the 
firm  name  and  style  of 
Garst  &  Galloway, 

Plaintiffs^ 
vs. 
John  F.  Miller, 

Defendant. 

Elias  Garst  and  James  E.  Galloway,  copartners,  doing  business 
under  the  Unn  name  and  style  of  ' '  Garst  &  Galloway,"  in  this  action 
complain  of  John  F.  Miller,  the  defendant  above  named,  a  resident 
of  Eureka  County,  State  of  Nevada,  and  for  cause  of  action  allege: 
that  on  or  about  the  16th  day  of  May,  a.  d.  1882,  the  said  defend- 
ant made  his  certain  promissory  note  in  writing,  bearing  date  of 
that  day,  and  delivered  the  same  to  these  plaintifis,  who  are  still 
the  owners  and  holders  thereof,  by  which  note  the  said  defendant, 
for  value  received,  promised  to  pay  to  the  order  of  plaintiffs,  one 
day  after  the  date  thereof,  the  sum  of  five  hundred  and  five  dol- 
larSj  with  interest  thereon  at  the  rate  of  two  and  one  half  per  cent, 
per  month,  and  which  promissory  note  is  in  the  words  and  figures 
following,  to  wit., 

$505.  Oo! 

One  day  after  date,  for  value  received,  I  promise  to  pay  to  the 
order  of  Garst  &  Galloway  the  sum  of  five  hundred  and  five  dollars, 
with  interest  from  date  at  the  rate  of  two  and  one  half  per  cent, 
per  month  until  i>aid.  John  F.  Miller. 

Eureka,   Nevada,  Ma}'  16,   1882. 

That  the  said  promissory  note  has  matured,  and  the  principal  sum 
named  therein,  togetherwith  interest  thereon  as  agreed  in  said  note, 
from  said  sixteenth  day  of  May,  1882,  are  now  due  on  said  note  and 
payable  to  plaintiffs,  except  the  sum  of  twenty  dollars,  paid  thereon 
on  said  sixteenth  day  of  May,  1882,  and  the  further  sum  of  eighty- 
five  dollars,  paid  thereon  on  the  second  day  of  July,  1882. 

That  defendant  has  often  been  requested  to  pay  the  balance  due 
on  said  note,  but  to  pay  the  same,  or  any  part  thereof,  the  said 
defendant  has  hitherto  wholly  neglected  and  failed,  and  still  does 
neglect  and  fail,  to  plaintiffs'  damage,  in  the  sum  of  four  hundred 
and  eighteen  dollars  and  eighteen  cents,  with  interest  thereon 
at  the  rate  of  two  and  one  half  per  cent,  per  month  from  the  second 
.dayj)f  July,  a.  d.  1882,  until  the  same  shall  be  paid. 

Wherefore  plaintiff's  demand  judgment  against  the  said  defendant 
for  the  sum  of  four  hundred  and  eighteen  dollars  and  eighteen  cents, 
with  interest  thereon  at  the  rate  of  (two  and  one  half  per  cent,  per 
month*)  from  the  second  day  of  July,  a.  d.  1882,  until  the  same 
shall  be  paid,  together  with  costs  of  suit. 

^  C.  G.  H — , 

Attorney  for  Plaintiffs. 

The  complaint  should  be  verified. 

*In  many  States  such  interest  would  not  be  allowed,  and  in  others,  the 
j  udgment  could  draw  only  legal  interest. 


[ 


286  V  ■FORMS    OF 

Form  of  Complaint  for  Goods  Sold  and  Delivered. 

In  the  District  Court  of  the  Second  Judicial    District  of  the    State 
of  Nevada,  in  and  for  the  County  of  Ormsby. 

L.   A.   BiCKFORD  AND  C.  S.  FaSSETT,  ' 

PARTNERS,     DOING      BUSINESS       UN- 
DER THE  FIRM  NAME  AND  STYLE  OF 
L.  A.   BiCKFORD   &  Co., 

Plainti^s, 
vs. 
Abram  Wylie, 

Defendant. 

L.  A.  Bickford  and  C.  S.  Fassett,  the  plaintiffs  above  named, 
partners,  doing  business  under  the  firm  name  and  style  of  "  L.  A. 
Bickford  &  Co. "  in  this  action  complain  of  Abram  Wylie,  a  resi- 
dent of  Ormsby  County,  State  of  Nevada,  and  for  cause  of  action 
allege  : 

That  on  divers  days  and  times  between  the  twentieth  day  of 
December,  18 — ,  and  the  bringing  of  this  action,  these  plaintiffs, 
at  the  city  of  Virginia,  in  the  county  of  Storey  and  State  afore- 
said, bargained,  sold  and  delivered  to  the  said  defendant,  divers 
goods,  wares  and  merchandise,  to  wit :  certain  spring  and  other 
mattresses,  beds,  bedding,  blankets,  comforters,  pillows,  chairs, 
tables,  commodes,  bedsteads  and  other  furniture,  of  the  full  value 
of  one  thousand  one  hundred  and  forty-one  dollars,  in  gold  coin, 
at  the  special  instance  and  request  of  said  defendant ; 

That  said  defendant  then  and  there,  in  consideration  of  the  sale 
and  delivery  of  said  goods,  wares  and  merchandise,  as  above 
stated,  undertook  and  promised  to  pay  to  these  plaintiffs,  in  gold 
coin,  whatsoever  the  said  chattels  and  merchandise  were  worth, 
whenever  requested  so  to  do;  that  the  same  were  then  and  there 
reasonably  worth  the  said  sum  of  one  thousand  one  hundred  and 
forty-one  dollars  in  gold  coin;  that  plaintiffs  have  often  requested 
defendant  to  pay  the  said  sum  of  money,  but  to  pay  the  same,  or 
any  part  thereof,  except  the  sum  of  one  hundred  and  forty-one 
dollars,  on  the  second  day  of  January,  a.  d.  18 — ,  the  said  defend- 
ant has  hitherto  wholly  neglected  and  failed,  and  still  does  neglect 
and  fail,  to  the  damage  of  plaintiffs  in  the  sum  of  one  thousand 
dollars,  with  interest  thereon,  at  the  rate  of  ten  per  cent,  per  an- 
num, from  the  second  day  of  January,  18 — ,  until  the  same  shall 
be  paid. 

Wherefore,  plaintiffs  demand  judgment  against  said  defendant 
for  the  sum  of  one  thousand  dollars,  with  interest  thereon  at  the 
rate  of  ten  per  cent,  per  annum,  from  the  second  day  of  January, 
A.  d.  18 — ,  until  judgment,  in  gold  coin,  and  that  such  judgment 
bear  interest  according  to  law,  in  like  gold  coin. 

R.  H.  F— , 
Attorney  for  Plaintiff. 

The  complaint  should  be  verified. 


COMPLAINTS.  287 

Form  of  Complaint  and  Prayer  for    an   injunction  Re- 
straining Trespass. 

In  the  Superior  Court  of  the    State  of  California,  in   and  for  the 
County  of  Los  Angeles. 

Godfrey  Lesieur  and 
J.  P.  Foster, 

Plaintiffs^ 
vs. 
William  Gobble, 

Defendant. 

Godfrey  Lesieur  and  J.  P.  Foster  complain,  in   this  action;  of 
"William  Gobble,  and  for  cause  of  action  aver  : 

That  heretofore,  to  wit,  in  the  county  of  Los  Angeles  and  State 
of  California,  the  plaintiffs  were  and  now  are  the  owners  and  in 
the  possession,  for  purposes  of  meadow,  agriculture  and  grazing, 
of  certain  lands,  situated  in  said  county,  consisting  of  three  hun- 
dred and  eighteen  acres,  undivided,  situate  and  located  near  the 
town  of  Anaheim,  in  said  county,  and  being  bounded  and  described 
as  follows,  to  wit:  "Beginning  at  a  stake  on  the  east  side  of  Santa 
Ana  River,  in  said  Los  Angeles  County,  whence  the  'German 
Gasthaus'  bears  gouth  thirty  and  a  half  west,  about  one-half  mile 
distant,  and  the  '  stone  milk-house  '  bears  north  thirty-five  and  a 
half  east,  six  chains  distant,  and  running  thence  north  twelve  de- 
grees thirty  minutes  east,  eighty  chains,  to  a  stake  in  the  meadows 
one  chain  east  of  the  road;  thence  north  scA^enty-two  degrees,  west 
forty  chains,  to  a  stake  on  the  brush  flat;  thence  south  twelve  de- 
grees thirty  minutes,  west  eighty  chains,  to  a  stake  on  the  said  flat 
three  chains  west  from  the  road;  thence  south  seventy-two  degrees 
east,  forty  chains  to  the  place  of  beginning;  and  being  the  owners 
of  said  lauds,  and  heretofore  in  the  quiet  and  peaceable  possession 
of  the  same,  plaintiffs  aver  that  they  now  are  entitled  to  the  imme- 
diate, sole  and  exclusive  possession  of  tlie  same,  and  to  every  part 
and  parcel  thereof,  and  that  plaintiffs  and  those  persons  from  whom 
they  deraign  title  thereto  have  been  the  owners  and  in  the  quiet 
and  peaceable  possession  continuously  since  long  prior  to  the  year 
a.  d.  18 — ,  and  until  on  or  about  the  nineteenth  day  of  August,  a. 
D,  18 — ,  when  the  defendant  herein,  well  knowing  the  premises 
and  the  rights  of  plaintiffs  in  said  lands,  wrongfully  and  unlaw- 
fully, and  with  force  and  arms,  entered  upon  said  tract  of  land  at 
and  upon  the  northerly  portion  thereof,  and  wrongfully  and 
unlawfully  ousted  these  plaintiffs  therefrom. 

And  plaintiffs  aver  that,  being  the  owners  of  said  land  as  afore- 
said, they  are  entitled  to  all  the  tenements,  hereditaments  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining; 
that  they  are  the  owners  of  the  grass  now  growing  and  that  may 
grow  thereon,  and  also  of  the  corral,  buildings  and  fences  thereon, 
and  that  they  are  entitled  to  enter  upon  said  lands,  and  upon  every 


288  FORMS    OF 

part  and  parcel  thereof,  to  erect  buildings  and  fences  thereon,  and 
also  to  clear  said  lands  and  to  cultivate  the  same. 

And  plaintiffs  aver  that  they  have  paid  and  expended  for  and 
upon  said  lands,  to  wit,  for  the  purchase  and  improvements  thereof, 
the  sum  of  iifteen  thousand  dollars. 

Plaintiffs  further  aver,  that  while  defendant  thus  wrongfully 
entered  upon  said  lands  and  trespassed  thereon,  to  wit,  on  or  about 
the  nineteenth  day  of  August,  18 — ,  he  thereafter  did  continuously, 
from  day  to  day,  and  now  does  trespass  thereon;  and  that  he  did 
dig  up  the  suiface  of  said  lands  and  subvert  the  soil  and  earth 
thereof,  to  wit,  in  the  meadow  and  pasture  lands  of  plaintiffs 
therein;  and  did  then  and  there  claim  and  allege  that  he  had 
"jumped  "  said  land,  to  wit,  one  hundred  and  sixty  acres  thereof; 
and  he  did  then  and  there,  and  now  does,  vex  and  disturb  these 
plaintiffs  in  possession  of  said  lands,  and  with  force  and  arms,  to 
wit,  with  a  pistol  commonly  cnlled  a  "  Kemington  revolver,"  and 
with  a  gun  commonly  called  a  "Winchester  rifle,"  prevent  these 
plaintiffs  from  fencing  their  said  land,  and  from  clearing  brush  from 
and  cultivating  the  same;  and  that  he  did  then  and  there,  and  now 
does,  threaten  with  force  and  arms  to  continue  to  vex  and  disturb 
plaintiffs  in  the  possession  of  said  land,  and  that  he  would  and 
will,  with  force  and  arms,  prevent  plaintiffs  from  occupying  their 
said  lands,  and  will  himself  hold  and  occupy  the  same  for  his  own 
use  and  benefit;  and  many  other  wrongs  to  plaintiffs  and  their  said 
lands  has  said  defendant  committed,  and  does  he  now  commit,  and 
threaten  to  commit,  to  the  great  damage  of  these  plaintiffs. 

And  plaintiffs  aver  that  they  believe  that  said  defendant  will 
continue  to  trespass  on  plaintiff's  said  lands,  and  to  vex  and  dis- 
turb plaintiffs  in  the  possession  thereof  as  hereinbefore  stated  he 
has  done,  and  is  now  doing  and  threatens  to  do,  unless  he  be 
enjoined  and  restrained  from  so  doing  by  a  writ  of  injunction. 

And  plaintiffs  aver  that  they  are  informed  and  believe,  and  so 
charge  the  fact  to  be,  that  said  defendant  is  insolvent,  and  that  he 
has  no  property,  exempt  from  execution,  which  would  satisfy  any 
judgment  that  plaintiffs  might  obtain  against  him  on  the  matters 
herein  set  forth;  and  that  if  said  defendant,  each  and  all  of  his 
agents,  servants  and  employes,  are  not  restrained  and  enjoined 
from  molesting  and  disturbing  plaintiffs  in  the  possession  of  their 
said  lands,  plaintiffs  will  suffer  great  and  irreparable  injury. 

Wherefore  plaintiffs  pray  the  restraining  order  of  injunction  of 
this  honorable  court,  enjoining  and  restraining  the  said  defendant, 
his  agents,  servants  and  employes,  and  all  persons  acting  under 
him  and  by  his  authority,  from  trespassing  upon,  workinnj,  digging, 
fencing,  setting  posts,  or  in  any  manner  vexing,  molesting,  or  dis- 
turbing the  possession  of  these  plaintiffs  in  said  lands  herein 
described,  to  wit :  Beginning  at  a  stake,  etc., 

[Insert  liere  a  copy  of  the  lands  described  in  the  body  of  the  complaint.j 

and  particularly  from  the  northerly  portion  of  said  lands,  until  this 


COMPLAINTS.  289 

cause  can  be  heard  upon  its  merits,  and  that,  upon  the  final  hearing 
of  the  same,  such  injunction  may  be  made  perpetuaL 

And  plaintiffs  further  pray  the  judgment  of  the  court  that  they 
do  have  and  recover  the  possession  ot  said  lands  and  their  damages 
and  costs  of  suit  herein  expended,  with  such  other  and  general 
relief  as  to  the  court  may  seem  meet  and  proper  in  equity. 

A.  G.  H -, 

Attorney  for  Plaintiffs. 

The  complaint  should  be  verified. 

Title  as  Above  Form. — Order  for  Injunction   in  Above 

Case. 

State  of  California,  )  ^ 

County  of  Los  Angeles.  )  * 

Upon  reading  the  foregoing  verified  complaint  in  which  God- 
frey Lesieur  and  J.  P.  Foster  are  plaintiff's,  and  William  Gobble  is 
defendant,  it  appearing  to  my  satisfaction  therefrom  that  the  plain- 
tiffs are  entitled  to  a  writ  of  injunction  against  said  defendant : 

Now  therefore,  it  is  ordered,  adjudged,  and  decreed,  that  a  writ 
of  injunction  be,  and  the  same  is,  hereby  granted  until  otherwise 
ordered;  and  that  plaintiff  s  execute  to  the  defendant,  with  two  good 
and  sufficient  sureties,  an  undertaking  in  the  sum  of  one  thousand 
dollars,  made  payable  and  conditioned  according  to  law.  And  it 
is  further  ordered,  that  upon  filing  said  bond,  duly  approved,  the 
clerk  of  said  superior  court  issue  said  writ  in  conformity  with  the 
prayer  set  forth  in  said  bill  of  complaint. 

Done  at  Chambers  in  the  city  of  Los  Angeles,  this  seventh  day 
of  January,  18 — , 

A B , 

Judge  of  said  Superior  Court 


Form  of  Complaint  for  Trespass  on  a  Mining  Claim  with. 
Prayer  for  an  Injunction. 

In  the  District  Court  of  the  Sixth  Judicial  District  of  the  State  of 
Nevada,  in  and  for  the  county  of  Eureka. 

MosELEY  R.  Lyon,  Wm.  Wermuth, 
Tom  Robison  and  J.  Landon 
Smith, 

Plaintiffs^ 

vs.  y 

Peter  Howlke  ,  James  Burke,  Pat- 
rick Lanigan  and  Tim  O'Mal- 

LEY, 

Defendants. 


290  FORMS    OF 

The  above-named  plaintiffs,  Wm.  Wermuth,  T.  Robison  and 
J.  Landon  Smith,  complain  of  Feter  Howlke,  James  Burke  and 
Patrick  Lanigan,  defendants,  and  fur  cause  of  action  allege:  That 
on  the  first  day  of  July,  a.  d.  18 — ,  the  plaintiffs  were,  and  ever 
since  have  been  and  now  are,  the  owners  and  entitled  to  the  sole 
and  exchisive  possession  of  that  certain  close,  mining  claim,  vein 
and  lode  of  gold  and  silver  and  other  mineral-bearing  quartz,  lying 
and  being  in  what  is  known  as  "  Ruby  Hill,"  in  Eureka  Mining 
District,  in  Enreka  County,  State  of  Nevada,  being  known  as 
the  "Mountain  Queen  Mining  Claim  and  Lode,"  and  being  more 
particularly  bounded  and  described  as  follows,  to  wit:  Beginning 
at  a  monument  of  stone  around  a  stake  on  said  lode  on  the  north- 
erly line  of  the  "Jackson  claim,"  and  running  thence  easterly 
along  said  northerly  line  of  said  Jackson  claim  and  at  a  right 
angle  with  the  general  direction  of  said  lode  three  hundred  feet  to 
a  moimment  of  stone  and  a  stake;  thence  at  a  right  angle  northerly 
and  parallel  with  the  general  direction  of  said  lode  fifteen  hundred 
feet  to  a  monument  of  stone  and  a  stake;  thence  at  a  right  angle^ 
westerly,  crossing  said  lode,  six  hundred  feet  to  a  monument  of 
stone  and  a  stake;  thence  at  a  right  angle  southerly  fifteen  hun- 
dred feet  to  a  monument  of  stone  and  a  stake,  and  thence  at  a  right 
angle  easterly  and  along  the  line  of  said  Jackson  claim  three 
hundred  feet  to  the  place  of  beginning,  together  with  all  the  dips, 
spurSj  angles  and  variations  of  said  lode. 

That  Mdiile  plaintiffs  were  so  possessed  and  entitled  to  the  pos- 
session of  said  close,  land  and  mining  claim,  to  wit,  on  said  first 
day  of  July,  18 — .  and  on  divers  other  days  and  times  between 
that  day  and  the  filing  of  this  complaint,  the  said  defendants  did, 
wrongftilly  and  unlawfully,  and  with  force  and  arms,  break  and 
enter  plaintiffs'  said  close  and  mining  claim,  and  did  then  and 
there,  and  at  divers  other  times,  with  force  and  arms,  to  wit,  with 
shovels,  bars,  picks,  and  other  instruments,  and  with  divers  vehi- 
cles, dig  up,  turn,  subvert  and  carry  away  therefrom  large  quan- 
tities, to  wit,  twenty  thousand  tons  of  earth  and  soil,  andgold  and 
silver,  and  other  mineral-bearing  quartz  and  rock  of  plaintiff's,  out 
of  plaintiffs'  said  mining  claim,  of  great  value,  to  wit,  of  the  value 
of,  and  to  plaintiffs'  damage  in  the  sum  of  two  hundred  thousand 
dollars  in  gold  coin.  And  plaintiffs  further  aver  that  said  defend 
ants  did  then  and  there,  to  wit,  at  the  divers  times  and  place  above 
stated,  commit  divers  other  trespasses  and  wrongs,  in  and  upon 
]»laintiffs'  said  close  and  mining  claim,  and  did  then  and  there 
wrongfully,  and  with  force  and  arras,  dig,  cut,  excavate  and  make 
divers  long  tunnels,  to  wit,  tunnels  of  the  aggregate  length  of 
about  three  hundred  and  seventy  feet,  and  divers  drifts  of  great 
length,  to  wit,  of  the  length  of  about  three  hundred  feet,  in  and 
upon  plaintiffs'  said  mining  claim,  and  did  then  and  there  breast 
and  take  fiom  and  out  of  said  tunnels  and  drifts,  to  wit,  out  of 
plaintiffs' said  mining  claim,  and  carry  away  therefrom  and  con- 
vert to  their,  said  defendants',  own  use,  divers  other  large  quanti- 


COMPLAINTS.  291 

ties  of  gold  and  silver,  and  other  mint- ral-bearinu,' quartz,  rock  and 
earth  of  great  value,  to  wit,  of  the  value  of  two  hundred  thousand 
dollars,  and  to  plaintifts'  further  damage  in  the  sum  of  two  hundred 
thousand  dollars;  and  plaintiffs  further  aver  that  said  defendai\t8 
are  now  committiug,  and  that  they  tlireaten  still  to  commit,  such 
and  like  trespasses  and  wrong.--,  in  and  upon  plaintiffs'  said  close 
and  mining  claim ;  and  that  plaintiffs  are  informed  and  believe, 
and  up'in  their  information  and  belief  tliej  allege  the  fact  to  be, 
that  said  defendants  are  insolvent,  and  have  ncjt  property  exempt 
from  execution  sufficient  to  satisfy  any  judgment  which  plaintiffs 
may  obtain  against  them;  and  defendants  further  aver  that,  unless 
said  defendants,  their  agents,  servants  and  employes,  and  all 
persons  working  under  them,  and  by  their  authority,  are  enjoined 
and  restrained  from  committing  said  wrongs,  by  the  restraining 
order  or  injunction  of  this  court,  plaintiffs  wiirsuffer  great  and 
irreparable  injury  from  their  trespasses  and  wrongs  being  commit- 
ted and  threatened  as  above  stated,  by  said  defendants. 

Wherefore  plaintiffs  pray  for  judgment  against  said  defendants 
for  the  sum  of  four  hundred  thousand  dollars  in  gold  coin;  and  for 
the  restraining  order  of  this  honorable  court,  enjofning  and  restrain- 
ing the  said  defendants,  and  each  of  them,  their  agents,  servants 
and  employes,  and  all  persons  claiming  or  acting  under  them,  or 
either  of  them,  or  by  or  under  their,  or  either  of  their,  authority, 
from  and  in  any  manner  trespassing  upon,  working,  drifting,  <t 
excavating  in  or  upon  said  '^Mountain  Queen  Mining  Claim  and 
Lode,"  above  bounded  and  described,  and  from  carrying  away 
therefrom  a;iy  gold  or  silver  or  other  mineral-bearing  quartz,  rock, 
or  earth;  until  the  matters  and  things  herein,  and  this  action  at 
law  can  be  heard  and  determined,  and  that  upon  the  final  hearing 
and  determination  hereof  said  injunction  may  be  made  perpetual; 
and  plaintifts  pray  for  such  other  and  further  relief  in  the  premises 
as  in  equity  and  good  conscience  may  seem  meet  and  proper  to  the 
court. 

A.  H.  a- — , 

Attorney  for  Plaintiffs. 

The  complaint  should  be  verified,  and  the  order  fur  injunction 
should  be  drawn  for  presentation  to  the  judge  or  court. 

The  foregoing  complaint  shows  to  prospectors,  miners  and  others 
interested  in  mines,  tlie  necessity  of  giving  peifect  descriptions  of 
their  mining  claims  by  stating  the  metes  and  bounds  of  their 
mining  claims  in  their  original  notices  of  location. 


Form  of  Complaint  for  Forcible  Entry. 

In  the  Justice's  Court  of Township,  of  the  State  of ,  in 

and  for  the  County  of . 


292  FORMS    OF 


plaintiffs 

vs.  y 


Defendant.  J 

-,  the  plaintift  in  this  action,   complains  of 


the  defendant  above  named,  a  resident  of  said  county  of and 

for  cause  of  action  alleges: 

That  at  the  time  hereinafter  named  plaintiff  was  and,  long  prior 
thereto,  had  been  in  the  quiet  and  peaceable  possession,  and  now 
is  entitled  to  the  possession  of  that  certain  lot,  piece  and  parcel  of 

land  situate  in ,  in  the  county  aforesaid,  bounded  and  described 

as  follows,  to  wit: 

[Here  insert  a  correct  description  of  the  premises.l 

together  with  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging  or  in  any  wise  appertaining; 
that  being  so  in  the  quiet  and  peaceable  possession  of  said  premises, 
and  entitled  to  the  possession  thereof,  the  said  defendant,  on  the 

day  of ,  A.  D.  18 — ,  with  great  force  and  violence,  and 

with  a  multitude  of  people,  wrongfully  and  unlawfully  entered  into 
g,nd  upon  said  premises,  above  described,  and  with  force  and 
violence  ejected,  removed,  and  expelled  plaintiff  therefrom,  and 
took  possession  thereof,  and  has  ever  since  said  time  wrongfully, 
forcibly,  and  unlawfully  detained  the  same  from  the  possession  of 
plaintiff,  to  plaintiff's  damage  in  the  sum  of dollars. 

Plaintiff  further  alleges  that  the  monthly  value  of  the  rents  and 

protits  of  said  premises  is dollars,  and  that  the  value  thereof 

from  the  time  above  named  until  the  bringing  of  this  action  is 

dollars  (in  Nevada  three  times  the  actual  damage),  in  which 

sum  plaintiff"  has  been  damaged  by  said  wrongful  acts  of  said  de- 
fendant. 

Wherefore  plaintiff  prays  judgment  against  said  defendant  for 
the  sum  of dollars  damages,  for  the  forcible  and  illegal  deten- 
tion of  said  premises  by  defendant,  and  further  judgment  for  the 
restitution  of  said  premises  to  plaintiff,  and  for  snch  other  and 
further  relief  as  in  law  and  equity  may  seem  right  and  proper  to 

the  court. 

A B , 

Attorney  for  Plaintiff'. 
The  complaint  should  be  verified. 


Form  of  Complaint  on  Foreclosure  of  Mechanic's  Lien. 

In  the Court  of  the  State  of ,  in  and  for  the  County  of 


complaints.  293 

Geo.  H.  "Winterburn  and  Wm.  Irwin, 
Partners  doing  Business  under  the 
Firm  Naivie  and  Style  of 
Winterburn  &  Co.. 

Plaintiffs, 
vs. 
Jajsies  Creswell, 

Defendant. 

The  above-named  plaintiffs  coi^iplain  against  the  above-named 
defendant,  and,  for  cause  of  action,  allege  and  show  to  the  com-t  : 

First.  That  heretofore,  to  wit :  on  the  twenty-fifth  day  of  Sep- 
tember, A.  D.  18 — ,  at ,  county  of ,  and  State  of , 

said  plaintiff's  were  employed  by  said  defendant  to  furnish  all  the 
labor  and  materials  necessary  and  requisite  for  the  construction 
and  completion  of  that  certain  building  or  structure  situate  upon 

that  certain  parcel  of  land  being  in  the  said  town  of ,  county 

of ,  and  Sate  of ,  and  described  as  follows,  to  wit : 

[Here  insert  a  correct  description  of  the  lot  or  land  on  which  the  building  was 
erected  or  the  work  was  done.] 

Second.  That  said  land  was,  at  the  time  of  commencing  work 
on  said  building  or  structure,  to  wit,  on  the  said  twenty-fifth  day 
of  September,  a.  d.  18 — ,  and  until  the  time  of  the  notice  of  the 
lien  hereinafter  mentioned,  owned  by  said  defendant,  James  Cres- 
well, and  that  said  building  was  completed  on  the  first  day  of 
December,  18 — . 

Third.  That  said  labor  performed  and  materials  used  in  and 
upon  the  construction  of  said  building,  as  aforesaid,  were  and  are 
of  the  value  of  three  thousand  and  five  hundred  dollars  (inUnited 
States  gold  coin),  and  that,  according  to  said  agreement,  the  said 
sum  of  three  thousand  and  five  hundred  dollars  became  due  and 
payable  on  the  first  day  of  December,  a.  d.  18 — ,  from  said  defend- 
ant, James  Creswell,  to  said  plaintiffs;  but  that  the  same  has  not 
been  paid,  or  any  part  thereof,  except  the  sum  of  seven  hundred 
and  fifty  dollars  on  account  thereof;  and  it  was  also  understood 
and  agreed  by  and  between  said  plaintiffs  and  the  said  defendant 
that  the  said  sum  should  be  paid  in  United  States  gold  coin,  and 
that  the  same  is  so  payable. 

Fourth.  That  on  a  certain  day,  to  wit,  the  fifth  day  of  Decem- 
ber, A.  D.  18 — ,  said  plaintiffs,  Winterburn  &  Co.,  as  alien  ao-ainst 
said  premises,  duly  filed  and  recorded  with  the  county  recorder  of 

the  county  of ,  being  the  county  in  which  such  property  is 

situate,  their  claim,  duly  verified  by  the  oath  of  G.  H.  Winter- 
burn,  one  of  these  plaintiffs,  containing  a  statement  of  their 
demand  after  deducting  all  just  credits  and  offsets,  with  the  name 
of  the  owner  of  said  land,  and  also  the  name  of  the  person  by 
whom  they  were  employed  to  erect  said  building,  with  a  state- 
ment of  the  terms,  time  given,  and  conditions  of  the  contract,  and  ^ 
also  a  description  of  the  property  sought  to  be  charged  with  the 
lien,    suflicient  for  identification,  a  copy  of  which   lien,   marked 


294  FORMS    OF 

"  Exhibit  A,"  is  attached  hereto  and  made  a  part  of  this  complaint. 
That  plaintifis  are  informed  that  John  Jones  and  Peter  Smith 
have  or  claim  some  interest  in  said  premises  ;  that  the  same  is 
subsequent  to  plaintiffs. 

That  plaintiffs  have  paid  eleven  dollars  and  fifty  cents  as  a  nec- 
essary charge  and  expense  in  preferring  and  recording  said  lien ; 
viz.,  five  dollars  for  recording  and  six  dollars  and  fifty  cents  for 
preferring  the  same,  all  of  which  is  now  due  to  plaintiffs  from  said 
defendant,  in  addition  to  the  said  sum  of  two  thousand  and  seven 
hundred  dollars,  together  with  interest  from  said  first  day  of 
December,  a.  d.  18 — ;  that  the  sum  of  oue  hundred  and  fifty 
dollars  is  a  reasonable  sum  for  attornej^'s  fee  in  prosecuting  this 
suit  in  the  superior  court.* 

First.  Wherefore  plaintiffs  pray  judgment  for  the  sum  of  two 
thousand  seven  hundred  and  sixty-one  dollars  and  fifty  cents 
against  said  defendant,  James  Creswell,  and  that  the  same  be 
adjudged  a  lien  against  the  lot  of  land  above  described. 

Second.  That  said  premises,  buildings,  and  appurtenances  above 
described  (to  the  extent  of  the  interest  of  said  defendant,  James 
Cresswell,  therein),  be  adjudged  and  decreed  to  be  sold  by  the 

sheriff  of  said county,  according  to  law  and  the  practice  of 

this  court,  and  that  the  proceeds  of  such  sale  be  applied  to  the 
payment  of  the  costs  of  these  proceedings  and  sale  (and  reasonable 
attorney's  fee  in  the  sum  of  one  hundred  and  fifty  dollars),  and 
said  plaintiffs'  claim,  amounting  to  said  sum  of  two  thousand  seven 
hundred  and  sixty-one  dollars  and  fifty  cents,  and  interest,  and 
also  for  the  claim  of  any  other  lien-holder,  if  any  such  there  be  on 
said  property,  who  shall  come  in  and  be  duly  made  parties  to  this 
action. 

Third.  That  plaintiffs  be  allowed  (a  reasonable  sum  for  attor- 
ney's fee  by  said  court  and)  costs  in  preferring  and  recording  said 
lien. 

Fourth.  That  plaintiffs  or  any  other  parties  to  this  suit  may 
become  purchasers  at  such  sale. 

Fifth.  That  said  plaintiffs  may  have  such  other  and  further 
order  and  relief  in  the  premises  as  the  ease  may  require  and  as  to 
the  court  may  seem  just. 

R.  D.  Ferguson, 
Attorney  for  Plaintiffs. 


Verification. 

State  of ,  Kg 

County  (^f .  f 

George  H.  Winterburn,  being  duly  sworn,  says  that  he  is  one  of 
the  plaintiffs  in  the  above-entitled  action;  that  he  has   read  the 

*  In  some  States  the  cost  of  filing  and  recording  the  lien  is  allowed  in  the  judg- 
ment on  foreclosure. 


COMPLAINTS  295 

foreseeing  complaint  and  knows  the  contents  thereof,  and  that  the 
same  is  true  of  his  own  knowledge,  except  as  to  matters  which  are 
therein  stated  on  information  and  belief,  and,  as  to  those  matters, 
that  he  believes  it  to  be  true. 

George  H.  Winterburn. 
Subscribed  and  sworn  to  before  me  this  seven- 
teenth day  of  January,  a.  d.  18 — . 
Thos.  Newman, 

Justice  of  the  Peace. 

In  California,  under  the  new  Constitution,  justices'  courts  may 
have  jurisdiction  of  the  foreclosure  of  liens  on  personal  property 
when  neither  the  amount  of  the  liens  nor  the  value  of  the  property 
amounts  to  three  hundred  dollars.  Of  course  those  courts  could 
not  foreclose  a  lien  on  any  real  estate. 


Form  of  Oomplaint  for  Holding  Over   after  Rent   Due 

and  Unpaid. 

In  the Court  of  the  State  of ,  in  and  for  the  County  of . 

Lauren  Upson, 

Plaintiffs 

vs. 
T.  J.  Sneath, 

Defendant. 

Lauren  Upson,  the  plaintiff  in  tlie  above -entitled  action,  com- 
plaining of  T.  J.  Sneath,  a  resident  of  the  county  of ,  State  of 

,  the  defendant  in  said  action,  alleges,  for  cause  of  complaint : 

First.  That  on  or  about  the  first  day  of  December,  18 — ,  the 
said  plaintiff,  by  an  oral  agreement  and  lease,  made  on  or  about 
the  said  day,  at  the  said  county  of — — ,  leased,  demised  and  let 
to  the  said  defendant,  T.   J.    Sneath,  the  premises  situate,  lying 

and  being  in  the  said  county  of and  described  as  follows,  to 

wit: 

[Here  describe  the  premises  leased.] 

To  have  and  to  hold  the  said  premises  to  the  defendant  for  one 
month,  and  from  month  to  month  thereafter,  at  the  monthly  rent 
of  fifty  dollars,  payable  monthly  on  the  first  day  of  each  and  every 
month  thereafter  in  advance  (in  gold  coin  of  the  United  States). 

Second.  That  by  virtue  of  said  agreement  and  lease,  so  made 
as  aforesaid,  the  said  defendant  went  into  the  possession  and  occu- 
pation of  said  demised  premises,  and  still  continues  to  hold  the 
same  as  tenant  of  said  plaintiff  as  af)resaid. 

Third.  That  pursuant  to  the  terms  of  said  agreement  and  lease 
there  became  and  was  due  on  the  first  day  of  January,  18 — ,  from 
said  defendant  the  sum  of  one  hundred  dollars  to  said  plaintiff  for 
the  rent  of  said  premises  for  two  months  to  wit,   from  the  first 


296  FORMS   OF 

day  of  December,  18 — ,  to  the  first  day  of  January,  18 — ,  the  snm 
of  fifty  dollars  (in  gold  coin  of  the  United  States)  and  one  month's 
rent  in  ad\^ance  from  said  first  day  of  January  to  the  first  day  of 
February,  a.  d.  18 — , 

[Insert  the  amount  due  until  suit  is  brought.] 

amounting  to  the  said  sum  of  one  hundred  dollars. 

Fourth.  That  on  a  certain  day,  to  wit,  the  fifth  day  of  January, 
A.  D.  18 — ,  at  said  county,  demand  in  writing  was  duly  made  by 
said  plaintiff  of  said  defendant,  for  and  requiring  the  payment  of 
said  rent  then  due,  amounting  to  the  said  sum  of  one  hundred  dol- 
lars, or  the  possession  of  said  demised  property;  but  said  defendant 
neglected  and  refused  for  the  space  of  three  days  and  more,  after 
demand  so  made  as  aforesaid,  and  still  neglects  and  refuses  to  pay 
said  rent  or  surrender  possession  thereof 

Fifth.  That  said  defendant  still  wrongfully  and  unlawfully 
holds  over  and  continues  in  the  possession  of  said  premises  after 
default  in  the  payment  of  the  rent,  pursuant  to  the  lease  and 
agreement  under  which  said  property  is  held,  and  without  the  per- 
mission of  the  plaintiff;  by  reason  whereof  the  plaintiff  has  already 

sustained  damages  in  the  sum  of dollars  (gold  coin  of  the 

United  States),  for  the  rent  of  said  premises  actually  accrued  from 
the  first  day  of  December,  18—,  to  the  time  of  the  commencement 
of  this  suit.  And  plaintiff  avers  that  he  has  been  damaged  by 
defendant's  wrongful  holding  over  of  said  premises  in  the  further 
sum  of dollars. 

Wherefore,  said  plaintiff  prays  judgment  against  said  defendant 
for  the  restitution  and  possession  of  said  premises;  and  for  the 
sum  of  three  Inmdred  dollars  damages,  the  amount  now  due 
and  unpaid  for  the  rent  thereof,  and  said  lurther  damages, 
and  such  further  sum  as  may  accrue  from  the  time  of  filing  this 
complaint  to  the  rendition  of  judgment  herein  (and  that  the 
amount  found  due  for  rent  may  be  trebled  and  made  payable  in 
gold  coin  of  the  United  States),  and  also  for  the  costs  of  this  suit, 
and  that  by  said  judgment  it  be  declared  that  said  lease  or  agree- 
ment under  which  said  defendant  holds  be  forfeited,  and  that  a 
writ  of  restitution  and  possession  issue  forthwith. 

John  Jones, 
Attorney  for  Plaintiff. 

The  complaint  should  be  verified. 


Form  of  Complaint  for  Holding    Over  After  Expiration 

of  Term. 

In  the Court  of  the  State  of   .    in   and   for  the    County 

of . 


COMPLAINTS. 


297 


John  Doe, 

Plaintiffs 
vs.  )- 

Richard  Roe, 

Defendant.  __ 

John  Doe,  of  the  county  of ,  State  of ,  the  plaintifi  in 

the  above-entitled  action,  complaining  of  Richard  Roe,  of  the  said 
county  of ,  the  defendant  in  said  action  : 

That  on  or  about  the  first  day  of  December,  a.  d.  18 — ,  the  said 
plaintiff,  by  a  written  lease  made  on  or  about  the  said  day,  at  the 

said  county  of ,  leased,  demised  and  let  to  the  said  defendant, 

Richard  Roe,  of  the  said  county,  the  premises  situate,  lying  and 

being  in  the  said  county  of ,  State  of ,  and  described  as 

follows,  to  wit : 

[Here  describe  the  premises  leased,  whether  a  town  lot  or  other  realty.] 
to  have  and  to  hold  the  said  premises  to  the  said  defendant,  for  the 
term  of  one  year,  from  the  first  day  of  December,  a.  d.  18 — ,  at 
the  yearly  rent  of dollars,  payable  in  equal  monthly  install- 
ments on  the  first  day  of  each  month  thereafter,  in  advance;  that 
by  virtue  of  said  lease  said  defendant  went  into  possession  of  said 
premises,  and  still  continues  to  hold  and  occupy  the  same; 

That  the  term  for  which  said  premises  were  demised  as  aforesaid 
has  terminated,  and  that  the  said  defendant  holds  over  and  con- 
tinues in  possession  of  the  said  demised  premises,  without  the  per- 
mission of  the  said  plaintifi,  and  contrary  to  the  terms  of  said 
lease; 

That  the  said  plaintifi,  since  the  expiration  of  the  term  for  which 
said  premises  were  demised  as  aforesaid,  to  wit,  on  the  fourth  day 
of  December,  18 — ,  made  demand  in  writing  of  the  said  defendant 
to  deliver  up  and  surrender  to  him  the  possession  of  said  premises; 

That  more  than  three  days  have  elapsed  since  the  making  of 
such  demand,  and  the  defendant  has  refused  and  neglected,  for  the 
space  of  three  days  after  such  demand,  to  quit  the  possession  of 
said  demised  premises  and  still  does  refuse  ;* 

That  the  monthly  value  of  the  rents  and  profits  of  the  said  prem- 
ises is  the  sum  of dollars  (in  gold  coin  of  the  United  States), 

to  wit,  three  times  the  monthly  rental  heretofore  paid  therefor, 
and  that  plaintifi"  has  been  damaged  by  said  defendant's  unlawful 
holding  of  said  premises  in  the  sum  of 

[Insert  three  times  the  actual  damages,  or  what  the  statute  allows.] 

Wherefore,  ]Dlaintiff  prays  judgment  against  defendant  for  the 
restitution  of  the  said  premises,  and  for  damages  for  the  (rents  and 
profits  of  said  premises,  and  that  such  damages  may  be  trebled  as 
damages  for  the  occupation  and)  unlawful  detention  and  holding 

*  The  time  required  by  the  statute  for  giving  notice  must  be  observed  in  cases 
of  unlawful  holding  over,  etc. 


298  KOKMS    OF 


over  of  the  same,  amounting  to  the  sum  of  one  hundred  and   fifty 
dollars  per  month,  besides  costs  of  Ruit. 

Hiram  Jones, 
Attorney  for  Plaintiff. 
The  complaint  should  be  verified. 


Form  of  Complaint  on  an  Account  Stated. 

In  Justice's  Court  of — —Township,  County  of ,  State  of . 

John  Doe, 

Plaintiffs 
vs.  \ 

Richard  Roe, 

Defendant.  ^ 
The  above-named  plaintiff    complains  of  the  defendant  above 
named,  and  for  cause  of  action  avers: 

I.  That  on  or  about  the  first  day  of  April,  1882,  at  the  town  of 

,  county  of ,  and  State  of ,  an  account  was  stated 

between  the  plaintiff  and  defendant,  and  upon  such  statement  and 
stated  account  a  balance  of  $77.45  was  found  due  to  the  plaintiff 
from  said  defendant,  which  sum  the  said  defendant  then  and  there 
agreed  to  pay  to  plaintiff  when  requested  so  to  do.  That,  though 
often  requested,  no  part  of  said  sum  of  $77.45  has  been  paid,  ex- 
cept the  sum  of  $35.00,  paid  thereon  as  follows,  to  wit:  $10.00 
paid  thereon  on  the  fifth  day  of  April,  1882,  and  $25.00  paid 
thereon  on  the  tenth  day  of  said  April,  and  that  there  remains  due 
thereon  the  sum  of  $77.45,  less  the  sum  of  said  payments,  with 
interest  on  all  unpaid  sums  from  the  first  day  of  April,  1882. 

II.  Ff>r  a  second  and  furtlier  cause  of  action  plaintiff  avers: 
That  between  the  first  day  of  April,  a.  d.  1882,  and  the  twentieth 
day  of  said  month,  at  the  place  above  named,  the  plaintiff  sold  and 
delivered  to  said  defendant  divers  meats  of  the  value  of  $19.40, 
and  that  defendant  then  and  there  undertook  and  promised  to  pay 
the  said  sum  whenever  requested  so  to  do;  but  though  often  re- 
quested, defendant  has  hitherto  neglected  and  failed,  and  still  does 
neglect  and  fail  to  pay  the  said  snm,  or  any  part  thereof,  to  plain- 
tiffs damage  in  the  sum  of  $19.40,  with  interest  from  said  twenti- 
eth day  of  April,  1882. 

Wherefore  the  plaintiff  demands  judgment  against  the  defeiid- 

ftht: 

I.  For  the  sum  of  $77.45,  less  the  sum  of  $35.00,  paid  thereon 
as  follows,  to  wit:  $10.00  on  the  fifth  day  of  April,  and  $25.00  on 
the  tenth  day  of  April,  1882,  together  with  interest  on  all  sums 
unpaid  thereon  according  to  the  statute,  per  annum. 

II.  For  the  further  sum  of  $19.40,  and  interest  thereon  from 
the  twentieth  day  of  April,  1882,  at  the  rate  provided  by  the  stat- 
ute and  for  costs  of  suit. 

Ira  Noakes, 
Attorney  for  Plaintiff. 


DEMURRERS.  299 

Form  of  Answer  to  Foregoing  Complaint. 

Id  Justice's  Court  of Township,  County  of ,  State  of . 

John  Doe, 

Plaintiffs 
vs.  y 

Richard  Roe,  j 

Defendant.  J 

Now  comes  the  defendant  above  named,  and,  answering,  denies 
generally  and  specifically  each  and  every  allegation  contained  in 
plaintiff's  complaint. 

Defendant  denies  that  on  or  about  the  first  day  of  April,  1882, 

or  at  any  other  time,  at  the  town  of ,  county  of ,  and  State 

of ,  or  at  any  other  place,  an  account  was  stated  between  the 

plaintiff  and  defendant;  and  he  denies  that  upon  such  statement 
and  stated  account,  or  upon  any  other  statement  or  account,  a  bal- 
ance of  $77.45,  or  any  other  sum  of  money,  was  found  due  from 
defendant  to  plaintiff;  and  he  denies  that  then  or  there,  or  at  any 
other  time  or  place,  he,  defendant,  agreed  to  pay  said  sum,  or  any 
other  sum,  of  money  to  plaintifi  when  thereunto  requested,  or  at 
any  time  whatever. 

And  for  answer  to  the  second  count  in  plaintiffs  complaint 
defendant  denies  that  on  or  about  the  twentieth  day  of  April,  1882, 
or  at  any  other  time,  defendant  undertook  or  promised  to  pay  to 
plaintiff  the  sum  of  $19.40,  or  any  other  sum  as  alleged  in  plain- 
tiff's complaint,  or  in  any  manner  whatever. 

And  for  further  answer  and  defense  herein  and  for  cause  of 
action  against  plaintiff,  defendant  avers: 

That  on  or  about  the  first  day  of  March,  a.  d.  1882,  at 

aforesaid,  defendant  sold  and  delivered  to  plaintiff,  at  plaintiff's 
instance  and  request,  one  bay  mare  of  the  value  of  one  hundred 
dollars,  which  sum  said  plaintiff  then  and  there  undertook  and 
promised  to  pay  to  defendant  whenever  thereunto  requested,  but 
to  pay  the  eame  or  any  part  tliereof  except  the  sum  of  $35.00  on 
or  about  the  first  of  April,  1882,  and  the  further  sum  of  $19.40  at 
divers  times  between  said  first  day  of  April  and  the  twentieth  day 
of  said  month,  plaintiff  has  wholly  neglected  and  failed  to  pay 
said  sum  or  any  part  thereof,  to  defendant's  damage  in  the  sum  of 
$45.60. 

Wherefore  defendant  demands  judgment  against  plaintiff  for 
$45.60  and  for  costs. 

J B , 

Attorney  for  Defendant. 

Demurrers. 

Tke  defendant  may  demur,  to  the  complaint  within  the  time  he 
is  required  in  the  summons  to  answer,  when  it  appears  upon  the 
face  of  the  complaint: 


300  DEMUREEES. 

1.  That  the  court  has  no  jurisdiction  of  the  person  of  the  de- 
fendant, or  of  the  subject  of  the  action;  or, 

2.  That  the  plaintift  has  not  legal  capacity  to  sue;  or, 

3.  That  there  is  another  action  pending  between  same  parties 
for  the  same  cause;  or, 

4.  That  there  is  a  defect  or  misjoinder  of  parties,  plaintiff  or 
defendant; 

5.  That  the  several  courses  of  action  have  been  improperly- 
united;  or, 

6.  That  the  complaint  does  not  state  facts  sufficient   to  con- 
stitute a' cause  of  action;  or, 

7.  That  the  complaint  is  ambiguous,  unmtelligible  or  uncertain. 
Either  one  or  any  two  or  more  of  the  foregoing  causes  may  be 

stated  in  the  -demurrer  (if  they  appear  on  the  face  of  the  com- 
plaint) after  the  following: 

Form  of  Denmrrer. 

In  the Court  of  the  County  of  ,  in  and  for  the  State  of 


John  Doe,  1 

Plaintiff  \ 

vs.  y 

Richard  Roe^ 

Defendant.  J 
Now  comes  the  defendant  above  named  and  demurs  to  the  com- 
plaint of  plaintift  herein,  and  for  cause  of  demurrer  says: 

Fint.     That  the  .complaint   does  not  state  facts  sufficient  to 
constitute  a  cause  c-f  acticjn. 

Second.     That  the  plaintiff"  has  not  legal  capacity  to  sue. 
Third.     That   the   complaint   is  ambiguous,  uninte'lligible  and 
uncertain,  etc.  (any  legal  objection  to  the  complaint). 

Wherefore    defendant  prays  judgment   herein,    and  that   said 
action  be  dismissed  at  plaintiff's  costs. 

John  Jones, 
Attorney  foi'  Defendant. 


Verdicts  of  Coroner's  Jury.— Case,  Murder. 


State  of 


f .  1  ^^ 


County  of-  ^ 


At  an  inquest  held  at  ,  in  the  town  of  ,    county    and 

State  above  named,  on  the day  of 18—,  before  A 

B ,  Coroner  (or  C  L),  Justice  of  the  Peace  and  ex-officio  Cor- 
oner), in  said  county,  upon  the  body  of  E  F  (or  person  un- 
known), there  lying  dead,   the   following  named,  jurymen  being 


coroners'   VEKDICTS.  301 

sworn  to  inquire  into  all  the  circumstances  attending  the  death  of 
said  E  F  (or  person  unknown^,  find  that  the  deceased  was  a  na- 
tive of (or  that  the  nativity  of  deceased  is  unknown);  that  he 

was  of  about  the  age  of 3'ears;  that  one  G    H,  of  (or 

late  of ),  the  town  of ,  of  said  county  (or  as  the  ca&e  may 

be),  on  the day  of ,  in  the  year  18 — ,  at  about o'clock 

p.  M.,  made  an  assault  upon  the  bodj-  of  the  deceased  with  a  pistol 
(or  as  the  case  may  be),  from  wliich  assault  wounds  were  inflicted 
upon  the  breast  and  person,  thereby  causing  the  death  of  the  de- 
ceased, on  the day  of ,  a.  d.,  18 — . 

[If  others  are  implicated  the  facta  should  be  stated.] 

In  witness  whereof  the  said  jurors  have  signed  this  verdict,  this 
day  of ,18 — . 

[The  acting  coroner  should  indorse  the  following  on  the  back  of  the  verdict.] 

The  within  verdict  was  made,  signed  and  delivered  to  me  this 

day  of ,  18 — . 

A ^^B , 

Coroner  {or  Justice  of  the  Peace). 


Verdict  of  Coroner's  Jury.— Case,  Siiicide. 

State  of , 


County  of- 


ss. 


At  an  inquest  held,  etc.  (as  in  case  of  murder,  etc.,  to  the 
word  "find"),  find  that  the  said  J  K  (or  person  unknown)  was  a 

native  of ,  of  the  age  of years;  that  he  did  on  the day 

of ,  18  — ,  at  the  town  of ,  in  the  county  aforesaid,  volun- 
tarily, and  with  his  own  hand  (here  state  the  manner  of  the 
death),  from  which  act  he  mstantly  died   (or  as  the  case  may  be). 

In  witness  whereof,  etc.  (as  in  the  verdict  for  murder). 


Case,  Accidental  Death. 

(State  and  county  as  first  above  and  to  the  word  "find"),  find 

that  the  said  L  M  (or  person  unknown),  on  the day  of , 

18 — ,  at  o'clock —  M.,  in  the  Savage  Mining  Shaft,  in  said 

county,  accidentally  fell  a  distance  of  t.iao  thousand  feet,  and  then 
and  there  received  fatal  wounds  whereof  he  instantly  died  (or  as 
the  facts  may  be). 

In  witness  whereof,  etc.,  as  in  the  case  of  munhr. 

In  any  case  the  verdict  of  the  coroner's  jury  should  be  in  ac- 
cordance with  the  facts  ascertained  by  them. 


302  coroners' 

Coroner's  Certificate  of  Death. 

Office  of  the  Coroner  of  the 
County  of  Arapahoe,  State  of  ColoradOo 

I,  John  Smithy  Coroner  of  County  of  Arapahoe^  State  of  Colo^ 
rado,  do  hereby  certify  that  I  held  an  inquisition  upon  the  body  of 
James  Mulligan,  a  native  of  Ireland,  aged  fifty  years,  at  No.  187 
Fourth  Street,  in  the  City  of  Denver,  in  said  county,  on  the  ninth 
day  of  Deoemher.  1882,  wherein  the  verdict  of  the  jury  was,  death 
from  apoplexy. 

And  I  further  certify,  that  I  caused  the  body  of  the  said  James 
Midligan  to  be  interred  at  the cemetery  in  this  county  on  the 


tenth  day  of  Decemher,  1882. 


John  Smith, 
Coroner  of  Arapahoe  County. 


Coroner's  Subpoena, 

State  of ,  ) 

County  of .  f 

The  People  {or  the  State  as  the  Constitution  requires  the  process 
to  he)  of  the  State  of send  Greeting  to and / 

"We  command  you,  that,  all  and  singular  business  and  excuses 
being  laid  aside,  you  be  and  appear  before  the  undersigned,  coroner 

(or  J.  P.  and  ex-officio  acting  coroner)  of  the  county  of ,  State 

of ,  at at  —  o'clock  —  m.  then  and  there  to  testify,  and 

give  evidence  in  a  certain  inquisition  now  pending  before  said 
coroner,  and  herein  fail  not,  or  answer  the  contrary  at  your  peril. 

John  Jones, 
Coroner  of County. 


Coroner's  Summons  of  Juror. 


State  of 


County  of 

The  People  of  the  State  of «ew.<:?  Greeting  to  Wm.  Smith  : 

We  command  you  that,  all  and  singular  business  and  excuses 
being  laid  aside,  you  be  and  appear  before  the  undersigneii  coroner 

of  the  county  of ,  State  of ,  at (state  where  the  inquest 

is  to  be  held)  on  the day  of ,  18 — ,  at  —  o'clock  —  m., 

to  serve  as  a  juror  in  a  certain  inquisition  now  pending  before  said 
coroner;  and  herein  fail  not,  or  answer  the  contrary  at  your  peril. 

Given  under  my  hand  this day  of .  18 — . 

•John  Jones, 
Coroner  (f County. 


FORMS.  303 

Coroner's  Warrant  of  Arrest. 


..}.. 


State  of , 

County  of 

The    People    of  the  State   of  ,    to   any   Sheriff,    Constable 

Marshall^  or  Policeman  : 

An  inquisition  having  been  this  day  found  by  a  coroner's  jury 
before  rae,  stating  that  A  B  has  come  to  his  death  by  the  act  of 
J  E,  by  criminal  means,  you  are  therefore  commanded  forth- 
■\vith  to  arrest  the  above  named  J  R  and  take  him  before  the 
nearest  or  most  accessible  magistrate  of  tliis  county. 

Given  under  my  hand  this day  of ,  1882. 

John  Jones, 
Coroner  of County. 


CHAPTER  XIII. 


LIENS,  MOHTGAGES,  DEEDS,  LEASES,  ETC. 

A  lien  is  a  charge  upon  certain  property,  which  is  made  security 
for  some  act  already  performed  or  to  be  performed. 


Form  of  Miner's  Lien,  Where  Miners'  Liens  Exist   by- 
Virtue  of  Statutes. 


State  of  ,  ,  j^^ 


County  of  — 

J.  T.  Greenhood,  a  Miner,  "1 
vs. 

The •  Gold  and  Silver  |- 

Mining  Company,  A  Corpo- 
ration. 

Notice  is  hereby  given,  to  all  whom  it  may  concern,  that  I,  J. 
T. Greenhood,  a  miner  by  occupation,  do  hereby  file  my  lien  with 

the  county  recorder  of county,  State  of ,  for  record, 

and  that  it  is  my  intention  thereby  to  claim  and  hold  a  lien  upon 

that  certain  land,  mine  and  mining  claim  situated  at ,  in 

mining  district,  county  and  State  aforesaid,  and  more  particu- 
larly bounded  and  described  as  follows,  to  wit  : 

[Here  set  out  the  surface-boundaries  of  the  mining  claim,  with  as   much  pre- 
cision as  possible,  so  that  it  may  easily  be  identified.] 

which  mining  claim  is  commonly  known  as  and^ called  the  " 

'■ — "  mining  claim,  and  is  reputed  to  belong  to  the  above- 
named  gold  and  silver  mining  company,  a  reputed  corpora- 
tion ;  and  against  so  much  of  the  land  about  the  said  mine  and 
mining  claim  as  may  be  necessary  for  the  convenient  use  and 
occupation  of  said  mine  ;  and  also  against  the  appurtenances  of 
and  in  anywise  appertaining  to  said  mine,  under  and  by  virtue  of 

the  ])rovisioiis  of  an  act  of  the  Legislature  of  the  State  of , 

entitled   "  An  Act  to  secure  liens  to  mechanics  and  others  and  to 

repeal  all  other  acts  in  relation  thereto,"  api)roved  March ,  a. 

D.  18 — ;  to  secure  to  me  the  payment  of  a  balance  due  me,  in  gold 
coin,  in  the  sum  of  one  hundred  and  seventy  dollars,  after  deduct- 
ing all  just  and  proper  credits  and  oifsets,  for  work  and  labor  done 

/'304) 


LIENS.  305 

and  performed  by  me  as  a  miner  and  laborer,  between  the  twenty- 
eighth  day  of  January  and  the  twenty-second  day  of  March,  a.  d. 
1882,  in,  about  and  upon  the  said 

[Here  insert  the  name  of  the  mine.] 
mine  and  mining  claim,  and  in  and  upon  the  shaft,  tunnel,  drifts, 
breasts  and  cuts  of  said  mine  and  mining  claim,  for  and  at  the 
special  instance  and  request  of  the  said 

[Here  insert  the  fiame  of  the  mining  company.] 
gold  and  silver  mining  company,  to  wit,  for  the  owner  of  said 
mine  and  mining  claim,  by  and  through  one 

[Here  insert  the  name  of  the  superintendent,  foreman,  or  the  party  who 
employed  the  claimant  of  the  lien.] 

who  was  then  and  there  the  superintendent  (or  foreman)  and  agent 
of  said  mining  company,  to  wit,  of  the  owner  and  owners  of  said 
mining  claim  ; 

That  the  following  is  a  full,  true  and  cprrect  statement  of  my 
account  against  said  mine  for  my  said  work  and  labor  for  the 
owners  ot  said  mining  claim  in  and  upon  said  mine  and  raining 
claim,  as  above  stated,  showing  the  amount  justly  due  me  there- 
for, over  and  above  all  just  credits  and  legal  offsets  against  the 
same,  to  wit : 

The Gold  and  Silver  Mining  Company, 

To  J.  T.  Greenhood^  Dr. 

March  28,  1882.     To  fifty  days'  work  and  labor  in,  about  and 

upon  the 

[Insert  the  name  of  the  mine.] 

between  the  twenty-eighth  day  of  January,  1882,  and  this  date,  at 
the  rate  and  wages  of  $5  per  day $250.00 

Cr. 
March  3,  1882,  by  cash 80.00 

To  balance  remaining  unpaid. $170,00 

That  thirty  days  (or  sixty  days  when  an  original  contractor)  have 
not  elapsed  since  the  last  of  said  work  and  labor  was  done  and 
performed,  as  above  stated,  and  that  it  is  my  intention  to  hold  and 
cliam  a  lien,  as  above  stated,  against  the  mine  and  mining  claim 
above  described  and  its  a]Dpurtenances,  and  against  so  much  land 
about  the  same,  under  and  by  virtue  of  the  act  above  m.entioned, 
as  may  be  necessary  for  the  convenient  use  and  occupancy -thereof 
(and  if  the  act  should  be  amended,  and  under  the  acts  supple- 
mental thereto  and  amendatory  thereof)  to  secure  to  me  the  pay- 
ment of  said  balance  due  me  in  the  sum  of  one  hundred  and 
seventy  dollars  in  gold  coin,  besides  costs. 

In  witness  whereof,  I  have  hereunto  set  my  hand  at  the  city  of 
,  ,  this  twentieth  day  of  April,  a.  d.  1882. 

J.  T.   Greenhood. 
20 


306  MECHANIOS' 

State  of ,  )  gg 

County  of  .  f 

J.  T.  Greenliood,  being  first  duly  sworn,  says  that  he  is  the 
claimant  of  the  foregoinoj  lien;  that  he  has  read  (or  has  heard 
read)  the  same,  ami  understands  the  contents  thereof,  and  that  the 
same  is  true  of  his  own  knowledge. 

J.   T.  Greenhood. 

Subscribed  and  sworn  to  before  me,  this 
twentieth  day  of  April,  a.  d.  1882: 

ROBT.  E.  LOWERY, 

[seal.]  Notary  Public. 

The  lien  must  be  recorded  as  therein  indicated,  and  must  be 
foreclosed  within  the  time  required  by  statute,  after  it  is  drawn, 
or  it  will  become  void. 


Form  of  Mechanic's  LiexL 

State  of , 


County  of 


>  ss. 


John  Hampden, 

Laborer. 
vs. 
William  Hanford, 

Owner.  ^ 

Notice  is  hereby  given  to  all  whom   it  may  concern  :     That  I, 
John   Hampden,  as  a   laborer,  do  hereby  file  my   lien  with   the 

county  recorder  of  the  county  of ,  State   of  ,  for  record, 

and  tiiat  it  is  my  intention  thereby  to  hold  and  claim  a  lien  upon 
the  superstructure  and  land  hereinafter   described,  under  and  by 

virtue  of  an  act   of  the  Legislature  of  the  State  of ,  entitled 

"An  Act  to  secure  liens  to  mechanics  and  others,  and  to  repeal 
all  other  acts  in  relation  thereto,"  approved ,  18 — ,  to  se- 
cure to  me  the  payment  of  a  balance  due  me,  in  gold  coin,  in  the 
sum  of  one  hundred  dollars  (or  whatever  amount  maybe  due  the 
claimant),  after  deducting  all  just  credits  and  oftsets,  for  work  and 

labor  done  and  performed  by  me  between   the day  of  April 

and  the day  of  ,  a.  d.  18 — ,  in  and   upon  that  certain 

dwelling-house  (or  other  building)  located  on 

[Here  describe  the  premises  on  which  the  building  is  situated.] 

in  tlic  city  of (or  town  of ,  or  elsewhere  in  the  county), 

in  the  county  of ,  and  State  of ,  for  and  at  the  special  in- 
stance and  request  of  said ,  to  wit :  at  the  special  instance  and 

request  of  one ,  who  was  contractor  for  the  erection  of  said  su- 

perstiuctnre  and  agent  of  and  for  said ,  the  reputed  owner  of 

said  land  and  buihling  at  the  time  of  the  performanco  of  said  work 
and  hibor  by  claimant  as  above  stated;   tliat  said  ,  by  his  said 


LIENS.  307 

agent,  then  and  there  agreed  to  pay  to  this  claitnant  wages  at  the 
rate  of  live  dollars  per  day  for  each  and  every  day  claimant  should 
work  in  and  upon  said  superstructure;  that  claimant  performed 
twenty-seven  days'  work  and  labor  upon  said  buihJinLS  aggrei>atiug 
the  full  sum  and  value  of  one  hundred  and  thirty-tive  dollars  in 
gold  coin,  whereof  claimant  has  received  the  sum  of  thirty-five  dol- 
lars only.  That  the  following  i^  a  full,  true,  and  correct  statement 
of  my  account  for  said  work  and  labor,  showing  the  amount  due 
me  over  and  ajbove  all  just  credits  and  offsets  against  the  same, 
to  wit : 

William  Hanford^  to  John  Hampden^  Dr. 

May  21,  1882,  to  twenty-seven  days'  work  and  labor  done  and 
performed  by  me  between  April  21,  1882,  and   this  date,  in  and 
upon  that  certain  building  located  on  that  certain  lot  of  land 
[Here  describe  the  land.J 

in county, ,  at  his  special  instance  and  request  and  at  the 

rate  and  wages  of  $5  per  day $135.00 

Cr. 
May  7,  1882,  by  cash 35.00 

Balance  due $100.00 

That  thirty  days  have  not  elapsed  since  the  last  of  said  work  and 
labor  was  done  and  performed  as  above  stated,  and  that  it  is  my 
intention  to  hold  and  claim  thereon  a  lien  as  above  stated,  and 
against  so  much  land  about  the  same  as  may  be  necessary  for  the 
convenient  use  and  occupancy  thereof,  under  and  by  virtue  of  the 
act  above  named  (ani  if  the  act  should  be  supplemented,  or 
amended)  (and  under  the  acts  supplemental  thereto  and  amenda- 
tory thereof)  to  secure  the  payment  to  me  of  the  said  balance  due 
me  in  the  sum  of  one  hundred  dollars  in  gold  coin. 

Witness  ray  hand  set  hereto  this  twenty-first  day  of  May,  a.  d. 
1882. 

John  Hampden. 

The  lien  s^hould  be  verified. 

Original  contractors  generally  have  sixty  days  from  the  time  the 
last  work  was  done  in  which  to  file  their  liens;  but  all  subcontrac- 
tors must  file  their  liens  within  thirty  days  after  the  last  work  was 
done  by  them  on  the  superstructure. 

Persons  furnishing  lumber,  or  other  materials,  must  allege,  in 
their  liens,  that  such  "  materials  were  furnished  for,  and  were  used 
in  and  upon  the  building,"  or  super-structure,  against  which  the 
liens  are  filed. 

Where  the  account  is  a  long  one  it  can  be  made  out  marked  as 
an  "  Exhibit,"  and  attached  to  the  body  of  the  lien;  and  when  this 


308  mechanics' 

is  done  it  should  be  referred  to  in  the  body  of  the  lien  substan- 
tially as  folloAvs:  (which  account,  marked  "  Exhibit  ,"  is  an- 
nexed hereto  and  made  a  part  of  this  lien.)  Such  account  then 
takes  the  place  of  an  account  in  the  body  of  the  lien. 

Under  an  act  of  the  Legislature  of  Nevada,  approved  February 
28,  1879:  ''All  persons  who  shall  perform  work  or  labor  upon  any 
tract  or  tracts  of  lands,  by  cutting  or  cording  the  wood  or  timber 
growing  or  being  thereon,  shall  have,  and  may  each  respectively 
claim  and  hold,  a  lien  upon  the  wood  or  timber  so  cut,  or  corded, 
for  the  amount  in  value  of  the  work  or  labor  so  performed,  hy  re- 
taining possession  of  the  same,  until  the  whole  amount  due  for  such 
work  or  labor  shall  have  been  paid:  Provided,  That  any  lien  claimed 
and  held,  as  aforesaid,  shall  be  deemed  to  be  waived,  unless  an 
action  be  brought  in  some  court  of  competent  jurisdiction,  for  the 
recovery  of  the  amount  for  which  such  lien  is  claimed  as  security, 
within  sixty  days  after  such  wood  or  timber  shall  have  been  taken 
into  possession  by  the  claimant;  and  the  fact  that  such  lien  is 
claimed  shall  be  set  out  in  the  complaint,  together  with  a  descrip- 
tion of  and  the  number  of  cords  of  wood  or  feet  of  timber  retained 
in  the  possession  by  the  claimant." 

Justices  of  the  peace  have  jurisdiction  of  such  cases  when  the 
amount  claimed  does  not  exceed  three  hundred  dollars. 

Section  1183  of  the  Code  of  Civil  Procedure  of  California  pro- 
vides that  "Every  person  performing  labor  upon  or  furnishing 
materials  to  be  used  in  the  construction,  alteration  or  repair  of  any 
mining  claim,  building,  wharf,  bridge,  ditch,  flume,  tunnel,  fence, 
machinery,  railroad,  wagon-road,  aqueduct  to  create  hydraulic 
power,  or  other  structure,  or  who  performs  labor  in  any  mining 
claim,  has  a  lien  upon  the  same  for  the  work  or  labor  done  or 
materials  furnished  by  each  respectively,  whether  done  or  furnished 
at  the  instance  of  the  owner  of  the  building,  or  other  improvement, 
or  his  agent;  and  every  contractor,  sub- contractor,  architect, 
builder  or  other  person  having  charge  of  any  raining  or  of  the 
construction,  alteration  or  repair,  either  in  whole  or  in  part,  of 
anv  building  or  other  improvement,  as  aforesaid,  shall  be  held  to 
be  the  agent  of  the  owner  tor  the  purpose  of  this  chapter." 

By  section  1184  of  the  Code,  "  Any  person  who,  at  the  request 
of  the  owner  of  any  lot,  in  any  incorporated  city  or  town,  grades, 
hlls  in  or  otherwise  improves  the  same,  or  the  street  in  front  of  or 
adjoining  the  same,  has  a  lien  upon  such  lot  for  his  work  done  and 
materials  furnished  "  therefor. 


LIENS.  309 

Original  contractors  must  file  their  liens  within  sixty  days  after 
the  completion  of  the  work,  and  every  person  except  the  orii2:in-al 
contractor  must  file  his  lien  within  thirty  days  after  he  performed 
his  last  work  on,  or  furnished  the  last  materials  for,  the  structure, 
or  after  the  completion  of  the  alteration  or  repair  thereof. 

Liens  begin  to  run  from  the  time  the  first  work  was  done  on  or 
the  first  materials  were  furnished  for  tlie  structure,  and  such  liens 
are  preferred  to  any  mortgage  executed  subsequent  to  the  com- 
mencement of  such  work  or  the  furnishing  of  any  materials  there- 
for. The  California  laws  respecting  mechanics'  and  other  liens, 
and  the  Nevada  laws  on  the  same  subject,  are  substantially  alike, 
except  that  in  California  proceedings  for  foreclosure  must  be  com- 
menced within  ninety  days  after  the  filing  of  the  lien,  unless  a 
credit  of  time  were  agreed  upon,  while  in  Nevada  such  proceed- 
ings may  be  commenced  at  any  time  within  six  months  after  the 
filing  of  the  lien.  Whenever  a  lien  is  filed  against  two  or  more 
structures,  it  should  carefully  state  the  amount  of  work  done  and 
the  "  materials  furnished  for  and  used  in  and  upon"  each  structure, 
and  also  the  amount  due  on  account  of  each  of  such  structures  for 
such  work  or  materials. 

"With  the  foregoing  explanation,  the  following  additional  forms 
of  liens  are  here  presented: 

Form  of  Contractor's  Lien. 

State  of , 


County  of- 


>■  ss. 


Contractor  and 
Claimant, 
vs. 


Owner. 
Notice  is  hereby  given  to  all  whom  it  may  concern,  that  I, 


,  as  a  contractor,  do  hereby  file  my  lien  with  the  county   re- 
corder of    the  county  of  ,  State  of ,  and  that  it  is  my 

intention  thereby  to  claim  and  hold  a  lien  upon  the  structure  and 
land  hereinafter  described,  under  and  by  virtue  of  the  laws  and 

the  provisions  of  the  statute  of  the  State  of for  such  cases 

made  and  provided,  to  secure  to  mj^self  the  payment  of  a  balance 

duo  me  in  the  sum  of dollars  (in  gold  coin),   after  deducting 

all  proper  credits  and  ofl'sets,  for  work  and  labor  done  and  per- 
formed and  for  materials  furnished  by  me  and  used  in  and  upon 
that  certain  dwelling-house  (or  other  building),  located  and  being 


310  mechanics' 

on  lot  number ,  of  block  number ,  of  range ,  of  said 

of  , 

[Describe  the  lot,  so  that  it  may  be  readily  identifieil.] 

on  divers  days  and  times,   between   the  day  of ,  a.  d. 

188 ,    on  which  day  I  commenced    said   work   and  labor   and 

to  furnish  said  materials,  and  the day  of ,  a.  d.  188 — , 

on  which  day  I  finished  and  completed  the  said  structure  and  the 
furnishing  of  materials  therefor,  and  which  were  used  therein, 
and  also  finished  my  work  and  labor  thereon,  at  the  special  in- 
stance and  request  of ,  who  then  was  the  owner,  to  wit: 

the   reputed    owner   of  the  land  and  premises  above  described, 

through  one ,  who  was  then  and  there  the  agent  of  the 

gaid ,  and  was  then  and  there  in  the  possession  and  con- 
trol of  the  said  premises,  and  to  whom,  for  the  said ,1 

furnished  and  delivered  the  said  materials,  all  of  which  were  fur- 
nished for  and  were  used  in  and  upon  the  said  structure. 

That  a  full,  true  and  correct  statement  of  my  account  for  the 
said  materials  furnished  by  me,  and  which  were  used  in  and  upon 
said  structure  as  above  stated,  together  with  a  full,  true,  and  cor- 
rect statement  of  my  work  and  labor,  performed  in  and  upon  said 
structure,  as  aforesaid,  and  also  a  true  and  correct  statement  of 

the  amount  due  me  from  the  said on  account  of  said 

structure,  after  deducting  all  just  credits  and  offsets  against  the 
same,  is  signed  by  me,  marked  "Exhibit  A,"  annexed  hereto, 
and  made  a  part  of  this  lien;  and  that  there  is  now  due  me,  over 

and  above  all  just  credits  and  offsets,  the  sum  of dollars   (in 

gold  coin). 

That  claimant  performed  said  work  and  labor,  and  furnished  said 
material?,  as  above  stated,  as  an  original  contractor  for  the  erec- 
tion of  said  structure,  upon  a  contract  substantially  as  follows,  to 
wit: 

[Here  set  out  the  substance  of  the  contract,  that  is,  its  terms,  time  given,  if 
any,  after  the  completion  of  the  structure.] 

That  sixty  days  have  not  elapsed  since  the  last  of  said  work  and 
labor  was  done  and  performed,  and  since  claimant  furnished  and 
delivered  said  materials,  nor  since  the  said  structure  was  finished 
and  completed;  and  that  it  is  my  intention  to  claim  and  hold  a  lien 
against  said  structure  and  also  against  so  much  of  said  land  about 
the  same  as  may  be  necessary  for  the  convenient  use  and  occu- 
pancy thereof,  to  secure  to  me  the  payment  of  said  balance  due  me 

in  the  aforesaid  sum  of dollars. 

Witness  my  liand  hereunto  set  this dav  of ,  a.  d.  188 — . 

State  of ,  )  gg^ 


County  of- 


—  being  first  duly   sworn  says  that  he  is  the  above- 
named  claimant  and  the  original  contractor  for  the  erection  of  the 


LIENS. 


311 


Structure  above  named;  that  he  has  read   the  foregoing  lien  and 
that  the  same  is  true  of  his  own  knowledge. 

Subscribed  and  sworn  to  before  me  this 
day  of ,  A.  D.  188 — 

Justice  of  the  Peace- 


Form  of  Contractor  and  Material-man's  Iiien. 

State  of ,  I  g^ 

County  of .  f 

,     Contractor  and    ^ 

Material-man,  ^  I 

Claimant 
vs. 


Owner.      J 

Notice  is  hereby  given  to  all  whom  it   may  concern:     That  I; 
of  the  town  of ,  county  of ,  and  State  of ,    as 


contractor  and  furnisher  of  labor  und  materials  therefor,  do  hereby 

file  my  lien  with   the  county  recorder  of  said county,  and 

declare  that  it  is  my  intention  thereby  to  hold,  and  I  do  claim,  a 
lien  upon  the  superstructure  and  land  hereinafter  described,  under 

and  by  virtue  of  the  statutes  of  the  State  of ,  in  such  case  made 

and  provided,  to  secure  to  me  the  payment  of  a  balance  due  me  in 
the  sum  of  two  thousand  five  hundred  and  ninety-five  dollars  and 
fifty  cents  in  gold  coin,  after  deducting  all  just  credits  and  ofisets, 
for  materials  furnished  by  me  for,  and  which  were  used  in  and 
upon,  and  fur  work  and  labor  done  and  performed  by  me,  in  and 
upon  that   certain   superstructure   and    building    known  as    the 

" House,"  located  and  being  on  that  certain  lot,  piece  and  parcel 

of  land  in  said  town  of ,  county  and  State  aforesaid,  bounded 

and  -described  as  follows,  to  wit: 

[Here  give  an  exact  description  of  the  lot,  so  that  it  can  be  identified  readily.] 
which  said  materials  were  furnished  and  used  as  above  stated,  and 
which  work  and  labor  was  done  and  performed  by  me  as  above 

stated,  on  divers  days  and  times  between  the day  of and 

the day  of ,  a.  d.  18 — ,  for  and  at  the  special  instance 

and  request  of ,  who  was  at  that  time  the  claimant  and  reputed 

owner  of  said  land,  and  contracted,  then  and  there,  with  this  claim- 
ant for  the  erection  of  said  superstructure  thereon,  and  agreed  to 
pay  him  therefor  the  sum  of  three  thousand  dollars  in  gold  com 
according  to  the  provisions  of  a  contract  made  between  this  claim- 
ant and  said on  or  about  said day  of ,  18— ,_  and  to 

pay  him  the  reasonable  worth  and  value  of  any  extra  matei'ials  and 
work  and  labor,  not  provided  for  in  such  contract,  which  this 
claimant  should  furnish  in  and  about  said  building; 

That  said agreed,  then   and  there,  to  pay  to  this  claimant 


312  mechanics' 

and  his  assigns  the  said  sum  of  three  thousand  dollars  and  said 
other  sums,  with  interest  thereon  at  the  rate  (of  two  per  cent,  per 
month),  (uU  in  wold  coin),  in  certain  instalhnents,  and  to  pay  the 
iull  amount  of  said  sums,  principal  and  interest,  within  seven  months 
from  and  after  the  said  building  should  be  completed; 

That  certnin  payments  have  been  made  by  said  — —  fur  and  on 
account  of  said  building;  that  said  building  was  completed  on  or 
about  the day  of ,  18 — . 

That  the  following  is  a  full,  true,  and  correct  statement  of  the 
account  of  claimant  for  said  materials  furnished  and  used,  and  for 
said  work  and  labor  done  and  performed,  in  and  upon  said  build- 
ing as  above  stated,  showing  the  amount  due  claimant  therefor, 
over  and  above  all  just  credits  and  offsets,  exclusive  of  interest 
thereon : 

(Date.) 
to ,  Dr. 

November  10,  18 — ,  to  materials  furnished  for,  and  used  in  and 
upon,  and  for  work  and  labor  done  and  performed  in  and   upon 

that  certain  building  in , ,  known  as  the   " House," 

on street,  as  per  contract $3,000.00 

For  extra  material,  as  per  contract 457. 10 

For  extra  work,  as  per  contract 142.90 

Total , . . ,     $3,600.00 

Cr. 

September  9,  18—.  by  cash \  , $250.50 

11,  18—,       " 50.00 

October      7,  18—,       "       300.00 

"        13,   18—,       "       100.00 

November  7,  18—,       "       254.00 

"        10,  18—        ''       50.00 

Total  of  credits $1,004.00 

Balance  due  and  unpaid $2,595.50 

That  sixty  days  have  not  elapsed  since  the  last  of  said  materials 
were  furnished  and  used,  and  since  the  last  of  said  work  and  labor 
was  done  and  performed  in  and  upon  said  building,  as  above 
stated;  and  that  it  is  tiie  intention  of  this  claimant  to  hold  a  lien 
on  said  building  and  on  so  much  of  the  land  about  the  same  as  may 
be  necessary  for  the  convenient  use  and  occupancy  of  the  same,  to 
secure  the  payment  of  said  balance  due  to  me  thereon  in  the  sum 
of  two  thousand  five  Imndred  and  ninety-five  dollars  and  fifty  cents, 
together  with  interest  thereon,  at  the  rate  of  two  ])er  cent,  per 
month,  fn>m  the  tenth  day  of  November,  18 — ,  until  the  same  shall 
be  ])ai(l,  (in  gold  coin). 

"Witness  mv  hand  hereto  affixed,  this dav  of  November, 

A.  1).  18— .       ^ 

Bv —. 


LIENS.  313 

State  of ,  ) 

County  of .  | 

,  being  first  duly  sworn,  says  that  he  is  (book-keeper)  for  and 

agent  of  the  above-named  claimant, ,  and  was  such  at  the  time 

the  materials  were  furnished  and  used  and  the  work  and  labor  was 
done  and  pei-formed  which  are  described  in  the  foregoing  lien;  that 

said is  now  absent  from  the  State ;  that  affiant  has  read 

the  foregoing  lien  and  understands  the  contents  thereof,  and  that 
the  same  is  true  of  his  own  knowledge;  wherefore,  he  verifies  the 
same. 


Subscribed  and  sworn  to  before  me,  this 
day  of ,  A.  D.  18 — . 


Justice  of  the  Peace, Township. 


Form  of  Actual  Notice  of  Lien. 

BoDiE,  Cal.,  November  12,  1882. 
To ,  and  all  whom  it  may  concern: 

You  will  take  notice  that  I  have  filed  with  the  county  recorder 

of county.  State  of ,  and  that  it  is  my  intention  to  hold 

and  claim  a  lien  against  the  building  known  as  the  " House," 

situated  in  the  town  of ,  county  above  named,  upon  the   land 

hereinafter  described,  and  against  so  much  of  said  land  about  said 
building  as  may  be  necessary  for  the  convenient  use  and  occupancy 
of  the  said  building,  to  secure  the  payment  to  me  of  a  balance  due 
me  in  the  sum  of  two  thousand  five  hundred  and  ninety-five  dol- 
lars and  fifty  cents,  after  deducting  all  just  credits  and  offsets,  for 
materials  furnished  by  me  for  and  which  were  used  in  and  upon 
said  structure,  and  for  work  and  labor  done  and  performed  by  me  in 

and  upon  the  said  building,  between  the day  of "and  the 

day  of ,  A.  D.  18 — ,  at  your  special  instance  and  request, 

and  that  my  said  lien  was  filed,  as  above  stated,  on  the day 

of ,  18—.    The  following  is  a  description  of  the  land  on  which 

said  building  is  situated  and  against  which,  with  the  said  building, 
my  said  lien  is  filed,  to  wit  : 

[Here  describe  the  land  as  it  was  described  in  the  lien.j 

Of  all  of  which  you  will  take  due  notice.     Yours,  respectftilly. 

By 


Affidavit  of  Service. 


State  of  ■ 


County  of 

-; ,  being  first  duly  sworn,  says  that  he  is  a  citizen  of  the 

United  States  and  is  more  than  twenty -one  years  of  age;  that  he 


314  FORMS    OF 

served  the  foregoing  notice  on  the  above  named ,  by 

delivering  to  lier  a  true  copy  thereof,  in  writing,  and  showing  this 
original  to  her,  at  her  residence  in  Bodie^  in  said  county  oi  Mono^ 
on  the day  of ,  18 — . 

Subscribed  and  sworn  to  before  me,  this 
twelfth  day  of  November,  a.  d.  18—. 


Justice  of  the  Peace  Township. 

The  service  of  the  foregoing  is  actual  notice. 

The  foregoing  forms  of  liens  will  serve  as  a  guide  to  material, 
men  furnishing  materials,  sub-contractors,  journeymen  and  others 
performing  labor  on  any  structure  in  drawing  their  liens,  but  they 
should  remember  that  the  statute  of  the  State  laust  he  complied  with^ 
and  that  the  liens  of  all  but  original  contractors  must  be  filed 
within  thirty  days  after  the  last  work  was  done  or  the  last  materials 
were  furnished  for  the  structure. 


Forms  of  Deeds,  Mortgages,  etc 

A  deed  is  a  conveyance  ot  real  estate  by  one  or  more  persons, 
or  a  corporation,  to  another  one  or  more  persons,  or  to  a  corpora- 
tion; and  the  property  conveyed  by  the  deed  should  be  described 
so  as  to  be  identified  readily. 

Strictly  speaking,  every  instrument  under  seal  is  a  deed;  but  in 
ordinary  language,  a  conveyance  of  land  is  intended. 

There  should  be  a  good  consideration  for  a  deed,  which  may  be 
money,  goods,  services,  or  marriage. 

A  deed  in  fee  simple  is  a  conveyance  of  the  absolute  and  entire 
ownership  of  the  land. 

A  warranty  deed  is  a  conveyance  in  which  the  gr:mtor  agrees  to 
be  answerable  for  any  defect  whatever  that  there  may  be  in  the  title. 

A  quit-claim  deed  is  one  whereby  the  grantor  conveys  away  all 
the  title  (if  any)  that  he  may  perchance  have  in  the  hmd. 

A  trust-deed  is  a  conveyance  by  which  the  grantee  takes  the 
estate  upon  some  trust,  or  for  some  special  purpose,  therein  speci- 
fied. 

A  mortgage  is  a  deed  of  lands  conditionally,  and  is  usually 
given  to  secure  the  payment  of  money,  by  pledging  the  land  of  the 
grantor  therefor.  It  is  usual  to  execute  a  bond,  bearing  date  on 
the  sani;.'  day  with  the  mortgage,  specifying  the  amount  to  be  paid, 


DEEDS.  .  315 

the  time  when  it  is  to  be  paid,  and  the  interest  a^^reed  upon,  to 
secure  which  the  mortgage  is  given.  In  some  States  a  promissory 
note  is  used  instead  of  a  bond.  The  description  of  the  premises 
should  be  exact,  so  that  they  may  be  readily  identified. 

These  instruments  should  always  be  sealed,  subscribed  by  the 
person  whose  estate  is  conveyed,  and  by  that  person  acknowledged 
before  the  proper  officer. 

If  it  be  impossible  to  acknowledge  the  instrument  at  the  time  of 
execution,  it  is  advisable  always  (and  in  some  States  requisite)  that 
it  should  be  witnessed  by  two  subscribing  witnesses. 

The  person  to  whom  the  conveyance  is  made  should  immedi- 
ately have  the  instrument  recorded  in  the  proper  office. 

When  a  deed,  mortgage,  or  release,  is  executed  to  two  or  more 
persons,  the  whole  name  of  each  should  be  given;  and  also,  when 
they  are  the  grantors,  each  should  sign  his  individual  name.  Never 
sign  as  a  iirm. 


Form  of  Q,uit-ClaiiQ  Deed. 

This  indenture  made day  of ,  in  the  year  of  our  Lord 

— ,  between of ,  in  the   county  of ,  and  State  of 

the  party  of  the  first  part,  and of ,    the   party   of 


he  second  part  witnesseth:     That  the  party  of  the  first  part,  for 

and  in  consideration  of  the  snm  of dollars  to ,  in  hand 

paid  by  the  party  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  do — ,  by  these  presents,  grant,  bargain,  sell,  remise, 
release,  convey,  and  forever  quitclaim,  unto  the  said  party  of  the 
second  part,  and  to heirs  and  assigns,  all  the  right,  title,  in- 
terest and  claim  of  the  part —  of  the  first  part  of,  in  and  to  that 
certain  Jot,  piece  and  parcel  of  land  situate  and  being  in  the  city 

(or  town)  of ,  county  of ,  and  State  of ,  bounded  and 

described  as  follows,  to  wit: 

[Here  ^ive  the  correct  boundaries  of  the  land,  or  describe  it  so  that  it  may  be 
readily  identified.] 

together  with  all  and  singular  (all  rights  and  claims  of  home- 
stead therein,  if  a  homestead)  and  the  tenaments,  hereditaments 
and  appurtenances  thereunto  belonging,  or  in  any  wise  appertain- 
ing, and  the  rents,  issues  and  profits  thereof;  to  have  and  to  hold, 
all  and  singular,  the  said  premises,  together  with  the  appurte- 
nances, unto  the  said  part —  of  the  second  part.  heirs  and 

assigns  -f  jrever. 

In  witness  whereof,  the  said  part —  of  the  first  part  ha —   nere- 

unto  set hand —  and  seal the  day  and  year  first  above 

written. 

[seal.] 

[seal.] 

Signed  and  sealed  and  delivered 

in  presence  of  


316  FOliMS   OF 

Form  of  AcknoAvledgment. 

State  of ,  )  gg 

County  of .  f 

On  this day  of ,  a.  d.  188 — ,  before  me  a in  and 

for  said  county  (duly  commissioned  and  sworn,  if  before  a  notary 
public,  or  other  commissioned  officer)  appeared ,  per- 
sonally known  to  me  to  be  the  individual  described  in  and  who 
executed  the  foregoing  (or  annexed)  instrument  as  —  part  — 
thereto,  and  — he —  acknowledged  to  me  that  — he —  executed  the 
same  freely  and  voluntarily,  and  for  the  uses  and  purposes  therein 
mentioned. 

In  witness  whereof,  I  have  hereunto  set  my  hand  (and  affixed 
my  official  seal)  the  day  and  year  in  this  certiticate  first  above 
written. 

[l.  s.]  , 

Notary  Public. 


Form  of  Deed  Prescribed  by  the  California  Code. 

"  I,  A B ,  grant  to  C D ,  all  that  real  property 

situated  .in  county.  State  of  California,  bounded  (or  de- 
scribed) as  follows:  (Here  insert  a  description  of  the  land,  or  if 
well  known  by  a  particular  name,  then  give  such  name,  but  metes 
and  bounds  are  better.) 

"  Witness  my  hand  this day  of ,  188 — . 


The  deed  must  be  acknowledged. 


A B- 


Form  of  Warranty  Deed. 

This  indenture,  made  the day  of in  the  year  of  our 

Lord  one  thousand  eight  hundred  and ,  between ,  of 

,  the   part —  of  the    first  part,  and ,    of  ,   the 

part —  of  the  second  part,  witiiesseth,  that  the  said  part —  of  the 

first  part,  for  and  in  consideration  of  the  sum  of ,  dollars  and 

,  of  the  United  States  of  xlmerica,  to   in hand  paid  by 

the  said  part —  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  do — ,  by  these  presents,  grant,  bargain,  sell,  con- 
vey and  confirm  unto  the  said  part —  of  the  second  part,  and  to 
heirs  and  as>igns  forever,  all  that  certain  lot,  piece  and  par- 
cel ot  land,  situate,  lyiuij,  and  being  in  the   and  county   of 

,  and  State  of — —^  bounded  and  described  as  follows,  to  wit: 

[Here  insert  a  description  of  the  land  conveyed,  giving  it  careful  boundaries.] 


LIENS.  317 

together  with  all  and  singular  the  tenements,  hereditaments  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining, 
and  the  rents,  issues  and  profits  thereof;  to  have  and  to  hold,  all 
and  singular,  the  above-mentioned  and  described  premises,  to- 
gether with  the  appurtenances,  unto  the  said  part —  of  the  second 

part,  and  to heirs  and  assigns  forever.  And  the  said  part — of 

the  first  part,  and heirs,  the  said  premises  in  the  quiet  and  peace- 
able possession  of  the  said  part —  of  the  second  part, heirs  and 

assigns,  against  the  said  part —  of  the  first  part,  and ■  heirs, 

and  against  all  and  every  person  and  persons  whomsoever,  law- 
tully  claiming  or  to  claim  the  same,  shall  and  will  warrant,  and 
by  these  presents  forever  defend. 

In  witness  whereof,  the  said  part —  of  the  first  part  ha—  here- 
unto set  — —  hand —  and  seal —  the  day  and  year  first  above 
written. 

[seal.] 

[seal.] 

Signed,  sealed  and  delivered 
in  the  presence  of 


A  Form  of  Deed  of  Trust  as  Secuiity. 

This  deed  of  trust,  made  this day  of ,  a.   d.  eighteen. 

hundred  and  eighty ,  between ,  of ,  of  the  first  part, 

and and ,  of ,  part —  of  the  second  part,  and .  of 

the  third  part,  witnesseth  : 

Whereas,  the  said (ha —  borrowed  and  received  of  the  said 

,  in  gold  coin  of  the  United  States,  the   sum  of dollars, 

and  ha —  agreed  to  pay  the   same   on  the day  of ,  a.  d. 

eighteen  hundred  and ,  to   the ,  in  like   gold  coin,  with 

interest,  according  to  the  terms  of  a  certain  promissory  note,  of 
even  date  herewith,  executed  and  delivered   therefor  by  the  said 

Now  this  indenture  witnesseth  :  That   the   said   part  —  ot  the 

first  part,  in  consideration  of  the  aforesaid  indebtedness  to  the 

and  of  one  dollar  to in  hand  paid  by  the  part —  of  the  second 

part,  the  receipt  whereof  is  hereby  acknowledged,  and  for  the 
purpose  of  securing  the  payment  of  the  said  promissory  note  and  of 
any  sum  or  sums  of  money,  with  interest  thereon,  that  may  be 
paid  or  advanced  by,  or  may  otherwise  be  due  to,  the  part —  of  the 
second  or  third  part,  under  the  provisions  of  this  instrument,  do — 
by  these  presents  grant,  bargain,  sell,  convey,  and  confirm  unto 
the  part —  of  the  second  part  in  joint  tenancy,  and  to  the  survivor 
of  them,  their  successors  and  assigns,  the  piece  or  parcel  of  land 

situate  in  the  county  of ,  State  of ,  described  as  follows: 

[Here  insert  a  description  of  the  property  conveyed  in  trust.] 


318  DEEDS. 

And  also  all  the  estate  and  interest,  homestead,  or  other  claim 
or  demand,  as  well  in  law  as  in  equity,  which  the  said  part—  of 
the  liist  part  now  ha—  or  may  hereafter  acquire  of,  in,  and  to  said 
premises,  with  the  appurtenances  ; 

To  liave  and  to  hold  the  same  to  the  parties  of  the  second  part, 
as  joint  tenants  (and  not  as  tenants  in  comraon\  with  right  of  sur- 
vivorship as  such,  and  to  their  successors  and  assigns  (said  parties 
of  the  second  part  and  their  successors  being  herel)y  expressly 
authorized  to  convey,  subject  to  the  trasts  herein  expressed,  the 
lands  above  described),  upon  the  trusts  and  confidences  hereinafter 
expressed,  to  wit : 

First.  During  the  continuance  of  these  trusts  the  party  of  the 
third  part  and  the  parties  of  the  second  part,  their  successors  and 
assigns,  are  hereby  authorized  to  pay,  without  previous  notice,  all 
taxes,  assessments,  and  liens  now-subsisting,  or  which  may  here- 
after be  imposed  by  national,  State,  county,  city,  or  other  authority, 
upon  said  premises,  and  on  the  money  so  borrowed  as  aforesaid, 
to  whomsoever  assessed,  and  all  or  any  incumbrances  now  subsist- 
ing, or  tliat  may  hereafter  subsist  thereun,  which  may,  in  their 
judgment,  aftect  said  premises  or  these  trusts,  at  such  time  as,  in 
their  judgment,  they  may  deem  best;  or  in  their  discretion,  for  the 
benefit  and  at  the  expense  of  said  part —  of  the  first  part,  to  con- 
test the  payment  of  any  such  taxes,  assessments,  liens,  or  incum- 
brances, or  defend  any  suit  or  proceeding  instituted  for  the 
enforcement  thereof,  and,  in  like  manner,  to  prosecute  or  defend 
anv  suit  or  proceeding  that  they  may  consider  proper  to  protect 
the  title  to  said  premises;  and  these  trusts  shall  he  and  continue 
as  security  to  the  party  of  the  third  part,  and  their  assigns,  for 
the  repayment,  in  gold  coin  of  the  United  States,  of  the  moneys  so 

burrowed   by  the and  the  interest thereon,   and  of  all 

amounts  so  pdd  out,  and  costs  and  expenses  incurred  as  aforesaid, 
whether  paid  by  the  part—  of  the  second  or  third  part,  with  in- 
terest on  such  payments  at  the  rate  of oer   cent,   per  month, 

until  final  repayment. 

Secondly.     In  case  the  said shall  well  and  truly   pay  or 

cause  to  be  paid  at  maturity,  in  gold  coin  as  aforesaid,  all  suras  of 

money  so  borrowed   as  aforesaid,  and   the  interest thereon, 

and  shall,  upon  demand,  repay  or  deposit  all  other  moneys  secured 
or  intended  to  be  secured  herehy,  and  also  the  reasonable  expenses 
of  this  trust,  then  the  pai  ties  of  the  second  part,  the  survivor  of 
them,  their  successors  and  assigns,  s^hall  reconyeyall  the  estate  in 
the  premises  aforesaid,  to  them  by  this  instrument  granted,  unto 
, heiis  and  assigns,  at request  and  cost. 

Thirdly.  If  default  shall  be  made  in  the  payment  of  any  of  said 
sums  of  principal  or  interest  when  due.  in  the  manner  stipulated 
in  t-aid  promissory  note,  or  in  the  reimbursement  of  any  amounts 
herein  provided  to  be  paid,  or  of  any  interest  thereon,  then  the 
said  parties  of  the  second  part,  or  the  survivor  of  them,  their  suc- 
cessors or  assigns,  on  application  of  the  party  of  the  third  part  or 


DEEDS.  319 

their  assigns,  shall  sell  the  above-grcinted  premises,  or  such  ])aiT 
thereof  as,  iu  their  discretion,  thej  shall  lind  it  necessary  to  sell  in 
order  to  accomplish  the  objects  of  these  trusts,  in  the  following 
manner,  namely: 

They  shall  iirst  publish  the  time  and  place  of  such  sale,  with  a 

description   of  the   property  to  be  sold,  at  least a  week  for 

weeks,  in  some  newspaper  published  in  the ,  county  of 

,  and  may,  from  time  to  time,  postpone  such  sale  by  publica- 
tion; and,  on  the  day  of  sale  so  advertised  or  to  which  such  sale 
may  be  postponed,  they  may  sell  the  property  so  advertised,  or 
any  portion  thereof,  at  public  auction,  in  any  county  where  any 
part  of  said  property  may  be  situated,  to  the  highest  cash  bidder; 
and  the  holder  or  holders  of  said  promissory  note,  their  agent  or 
assigns,  may  bid  and  purchase  at  such  sale. 

And  the  part —  of  the  second  part,  or  assigns,  shall  estab- 
lish, as  one  of  the  conditions  of  such  sale,  that  all  bids  and  pay- 
ments for  said  property  shall  be  made  in  like  gold  coin  as  aforesaid, 
and  upon  such  sale shall  make,  execute,  and,  after  due  pay- 
ment made,  shall  deliver  to  the  purchaser  or  purchasers,  his  or  her 
heirs  and  assigns,  a  deed  or  deeds  of  grant,  bargain,  and  sale  of 
the  above-granted  premises,  and  out  of  the  proceeds  thereof  shall 
pay: 

First.  The  expenses  thereof,  together  with  the  reasonable  ex- 
penses of  this  trust,  including  counsel  fees  of dollars  in  gold 

coin,  which  shall  become  due  upon  any  default  made  by  the  — — 
in  any  of  the  payments  aforesaid. 

Second.     All  sums  which  may  have  been  paid  by  the  said 

or  the  part —  of  the  second  part,  successors  or  assigns,  or  the 

holders  of  the  note  aforesaid,  and  not  reimbursed,  and  which  may 
then  be  due,  whether  paid  on  account  of  incumbrances  or  insur- 
ance, as  aforesaid,  or  in  the  performance  of  any  of  the  trusts  herein 
created,  and  with  whatever  interest  may  have  accrued  thereon; 
next,  the  amount  due  and  unpaid  on  said  promissory  note,  with 
whatever  interest  may  have   accrued    thereon;    and,    lastly,    the 

balance  or  surplus  of  such  proceeds,  if  any,  to  said .  

heirs  or  assigns. 

And,  in  the  event  of  a  sale  of  said  premises  or  any  part  thereof, 
and  the  execution  of  a  deed  or  deeds  therefor,  under  these  trusts, 
then  the  recitals  therein  of  default  and  publication  shall  be  con- 
clusive proof  of  such  default  and  of  the  due  publication  of  such 
notice;  and  any  such  deed  or  deeds,  with  such  recitals  therein, 
shall  be  effectual  and  conclusive  against  the  said  part —  of  the  first 

part,  heirs  or  assigns,  and  ail  other  persons;  and  the  receipt 

for  the  purchase-money  contained  m  any  deeds  executed  to  the 
purchaser,  as  aforesaid,  shall  be  a  sufficient  discharge  to  such  pur- 
chaser from  all  obligation  to  see  to  the  proper  application  of  the 
purchase-money,  according  to  the  trusts  aforesaid. 

In  witness  whereof,  the  said  part —  of  the  first  part  ha —  here- 


320  DEEDS. 

unto  set hand —  and  seal —  the  day  and  year  first   above 

written. 

.     [seal.] 

.     [seal.  ] 

Signed,  sealed,  and  delivered 
in  the  presence  of 


Trust  Deed. 

This  indenture,  etc. 

Whereas,  the  said  John  Doe  is  desirous  to  make  provision  for 
his  daughter,  Jane  Doe,  now  of  the  age  of  twenty-two  years,  against 
iuture  contingencies,  and  for  her  maintenance  and  support;  and 
wliereas,  the  said  John  Doe  is  desirous  that  his  said  daughter 
should  enjoy  the  proceeds,  rents,  issues,  and  income  of  the  real 
estate  hereinafter  more  particularly  described,  during  the  term  of 
her  natural  life,  free  from  the  control,  liabilities,  or  interference, 
of  any  husband  that  she  now  has  or  may  hereafter  have: 

Kow,  therefore,  this  indenture  witnesseth,  that  the  said  John 
Doe,  in  consideration  of  the  premises,  and  of  the  sum  of  one  dollar, 
lawful  money  of  the  United  States,  to  him  in  hand  paid  by  the 
said  party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowl- 
edged, hath  bargained,  sold,  aliened,  remised,  released,  conveyed, 
and  confi.rmed,  and  by  these  presents  doth  bargain,  sell,  alien, 
remise,  release,  convey,  and  confirm,  unto  the  said  party  of  the 
second  part,  all  that  certain  lot,  piece,  or  parcel  of  land  situate, 
lying,  and  being  in  the  town  of,  etc.  (here  describe  the  premises); 
together  with  all  and  singular  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging  or  in  any  wise  appertaining; 
and  the  reversion  and  reversions,  remainder  and  remainders,  rents, 
issues,  and  profits  thereof;  and  also  all  the  estate,  right,'  title, 
interest,  property,  possession,  claim,  and  demand  whatsoever,  as 
well  at  law  as  in  equity,  of  the  said  party  of  the  first  part,  of,  in,  or 
to  the  above-described  premises,  and  every  part  and  parcel  thereof, 
with  the  appurtenances.  To  have  and  to  hold,  all  and  singular, 
the  above  mentioned  and  described  premises,  together  with  the 
appurtenances,  unto  the  said  Richard  Roe,  his  successors  and 
assigns — 

in  trust,*  and  to  and  for  the  several  uses,  intents,  and  Durposes, 
hereinatler  mentioned,  namely: 

jFirst.  In  trust  to  lease  the  same,  and  to  take,  collect,  and  re- 
ceive the  rents,  issues,  and  profits  thereof;  and  out  of  the  same  to 
keep  the  said  ])remises  in  good  order  and  repair,  and  properly  in- 
sured, and  pav  all  taxes,  assessments,  and  charges  that  may  be 
imposed  thereon. 

*  It  will  I).'  uiuk-rstood  that  only  the  general  idea  of  the  manner  in  which  a  trust 
should  be  drawn  can  be  given;  the  condition  for  which  the  trust  is  granted  must 
depend  on  the  nature  of  the  property  and  intention  of  the  grantor. 


DEEDS.  321 

Secondly.  In  trust  to  pay  the  residue  of  such  rents,  issues,  and 
income,  to  my  daughter,  Jane  Doe,  upon  her  sole  and  separate 
receipt,  to  the  intent  and  purpose  that  she  may  enjoy,  possess,  and 
have  the  same,  free  from  the  control,  interference,  or  liabilities  of 
any  husband  she  now  has  or  may  hdreatter  have,  <luring  the  term 
of  her  natural  life. 

Thirdly.  In  trust  to  convey  the  said  land  and  premises  to  such 
person  or  persons  as  she,  the  said  Jane  Doe,  by  her  last  will  and 
testament,  or  by  an  instrument  in  the  nature  of  a  last  will  and 
testament,  subscribed  by  her  in  the  presence  of  two  credible  wit- 
nesses, notwithstanding  her  coverture,  may  direct  and  appoint. 

And  the  said  John  T)oq  hereby  declares,  that  upon  the  decease 
of  his  said  daughter  Jane  Doe,  the  said  trusts  shall  cease  and 
determine,  and  the  land  and  premises  above  described  shall  be- 
long, in  fee  simple  absolute,  to  such  person  or  persons  a^  the  said 
Jane  Doe  shall,  as  aforesaid,  direct  and  appoint;  and  in  default  of 
such  appointment,  shall  revert  to  the  said  John  Doe,  the  grantor 
herein  named,  and  to  his  heirs,  to  his  and  then*  sole  use,  benefit, 
and  behoof,  for  ever. 

And  the  said  party  of  the  second  part  doth  hereby  signify  his 
acceptance  of  this  trust,  and  doth  hereby  covenant  and  agree,  to 
and  with  the  said  party  of  the  first  part,  faithfully  to  discharge 
and  execute  the  same  according  to  the  true  intent  and  meaning  of 
these  presents. 

In  witness  whereof,  etc. 


Form  of  Mining  Deed. 

This  indenture,  made  the day  of ,  a.  d.  188 — ,  between 

of ,  county  of and  State  of ,  party  of  the  first 


part,  and of ,  party  of  the  second  part,  witnesseth:  That 

the  said  part —  of  the  first  part,  for  and  in  consideration  of  the  sum 
of dollars,  to (him,  her  or  them)  in  hand  paid,  the  re- 
ceipt whereof  is  hereby  acknowledged,  do,  by  these  presents,  grant, 
bargain,  sell,  remise,  release  and  quitclaim  unto  the  said  part — of 

the  second  part  and  to heirs  and  assigns  forever,  all  the  right, 

title,  interest,  estate,  claim  and  demand,  both  in  law  and  equity, 
both  in  possession  and  expectancy,  of  the  said  part —  of  the  first 
part,  of,  in  and  to  that  certain  land,  claim,  mine  and  mining  right 
arid  property  on  that  certain  vein  or  lode  of  quartz,  rock  and  earth, 
containing  precious  metals  of  gold  and  silver  and  other  minerals, 
situated  in  (Union  Mining  District,  Nye  County,  State  of  Nevada, 
and  known  as  the  Sheba  mining  claim),  and  described  as  follows, 
to  wit: 

[Here  insert  a  careful  and  exact  description  of  the  property  or  portion  of  the 
property  conveyed.] 

together  with  all  the  dips,  spurs  and  angles,  and  also  all  the  metals, 
ores,  gold  and  silver-bearing  quartz,  rock  and  earth  therein,  and 

21 


322  ]{[ORTGAGES. 

all  the  rights,  privileges  and  franchises  thereto  incident,  appendant 
and  appurtenant  or  therewith  usually  had  and  enjoyed;  and  also, 
all  and  singular,  the  tenements,  hereditaments  and  appurtenances 
thereunto  belonging  or  in  any  wise  appertaining,  and  the  rents, 
proceeds,  issues  and  profits  thereof;  to  have  and  to  hold,  all  and 
singular,  the  said  premises,  together  with  the  appurtenances  unto 

the  said  part —  of  the  second  part,  heirs  and  assigns  forever; 

and  the  part —  of  the  first  part  do —  covenant  with  the  part —  of 

the  second  part,  that ha —  full  right,  power  and  authority  to 

sell  and  convey  the  said  premises,  as  above  done,  and  that  the 
same  are  now  clear  and  free  from  all  incumbrances  whatever,  made 
or  suffered  by  the  said  part —  of  the  first  part. 

In  witness  whereof,  the  said  part —  of  the  first  part,  ha —  here- 
unto set  — —  hand —  and  seal —  the  day  and  year  first  above 
written. 

.     [seal.] 

.     [seal.] 

Signed,  sealed  and  delivered 
in  presence  of 


The  instrument  should  be  acknowledged.  All  deeds  and  mort- 
gages and  other  instruments  affecting  lands  longer  than  one  year 
sJiould  he  regularly  acknowledged  and  recorded. 


Form  of  Mortgage. — Short  Form. 

This  indenture,  made  the  fifteenth  day  of  January,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and ,  between 

of , county,  State  of ,  the  party  of  the  first  part, 

and ,  of  the  same  place,  the  party  of  the  second  part,  wit- 

nesseth,  that  the  said  party  of  the  first  part,  for  and  in  consideration 
of  the  sum  of  one  thousand  dollars  (in  gold  coin  of  the  United 
States  of  America),  to  him  in  hand  paid,  does  grant,  bargain,  sell 
and  convey  unto  the  said  party  of  the  second  part,  and  to  his  heirs 
and  assigns  forever,  all  that  certain  piece  or  parcel  of  land  situate 

in  the  town  of ,  in  said  county  of ,  and  State  of ,  and 

bounded  and  described  as  follows  : 
[Here  insert  a  description  of  the  property,  so  that  it  can  be»identified  readily.] 

together  with  all  and  singular  the  tenements,  hereditaments  and 
appurtenances  thereto  belonging  or  in  any  wise  appertaining. 
This  conveyance  is  intended  as  a  mortgage  to  secure  payment  of 
[If  a  note  insert  "Of  a  certain  promissory  note  in  the  words  and  figures  fol- 
lowing, to  wit, "  and  copy  the  note  exactly.  If  indebtedness  based  on  anything 
except  a  note,  describe  the  indebtedness  and  when  due.] 

and  these  presents  shall  be  void,  if  such  payment  be  made  (accord- 
ing to  the  tenor  and  eflPect  thereof);  but  in  case  default  be  made  in 
the  payment  of  the  principal  or  interest,   as  above  provided,  then 


MORTGAGES.  323 

the  said  party  of  the  second  part,  his  executoi-s,  administrators  and 
assigns,  are  hereby  empowered  to  sell  the  said  premises  with  all 
and  every  of  the  appurtenances,  or  any  part  thereof,  in  the  man- 
ner prescribed  by  law;  and  out  of  the  money  arising  from  such  sale, 
to  retain  the  said  principal  and  interest,  together  with  the  costs 
and  charges  of  making  such  sale,  and  five  per  cent,  for  attorney's 
fees;  and  the  overplus,  if  any  there  be,  shall  be  paid  by  the  party 
making  such  sale,  on  demand,  to  the  said  party  of  the  first  part, 
his  heii'S  or  assigns. 

In  witness  whereof  the  said  party  of  the  first  part  has  hereunto, 
set  his  hand  and  seal  the  day  and  year  first  above  written, 

John  Soggs.  [seal.] 

Signed,  sealed  and  delivered 
in  the  presence  of 

John  St.  John, 

Wm.  Hughes. 

The  mortgage  should  be  acknowledged. 


Long  Form  of  Mortgage. 

This  indenture,  made  the day  of ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  eighty  ,  between 

of ,  county  of ,  and  State  of ,  and of ,  the 

part —  of  the  second  part,  whereas,  the  said  part —  of  the  first 
part —  justly  indebted  to  the  said  part — of  the  second  part,  in  the 

sum  of dollars,  — —  of  the  United  States  of  America,  secured 

to  be  paid  by ,  certain  promissory  note — ,    bearing  even  date 

with  these  presents,  and  which  said  note  is  in  the  words  and  figures 
following,  to  wit: 

[Here  insert  a  verbatim  copy  of  the  note.] 

Kow  this  indenture  witnesseth,  that  the  said  part —  of  the  first 
part,  for  the  better  securing  the  paj^ment  of  the  said  sum  of  money 
secured,  to  be  paid  by  the  said  promissory  note — ,  with  interest 
thereon,  according  to  the  true  intent  and  meaning  thereof,  and  also 

for  and  in  consideration  of  the  sum  of  one  dollar,  to in  hand 

paid  by  the  said  part —  of  the  second  part,  at  or  before  the  enseal- 
ing and  delivery  of  these  presents,  the  receipt^  whereof  is  hereby 
acknowledged,  ha — granted,  bargained,  sold,  conveyed  and  con- 
firmed, and  by   these  presents   do —  grant,  bargain,  sell,  convey 

and  confirm  unto  the  said  part —  of  the  second  part,  and   to 

heirs  and  assigns  forever,  all 

[Here  insert  a  description  of  the  property  mortgaged.] 

together,  with  all  and  singular  the  tenements,  hereditaments  and 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining, 
and  the  reversion  and  reversions,  remainder  and  remainders,  rents, 
issues  and  profits  thereof;  and  also  all  the  estate,  right,  title,  inter- 


324:  MOETGAGES. 

est  (claim  of  homestead),  property,  possession,  claim  and  demand 
whatsoever,  as  well  in  law  as  in  equity,  of  the  said  part —  of  the 
first  part,  of,  in  or  to  the  said  premises,  and  every  part  and  parcel 
thereof,  with  the  appurtenance. 

To  have  and  to  hold  the  said  premises  with  the  appurtenances 
unto  the  said  part— of  the  second  part ,  his  heirs  and  assigns 

forever.  . 

Provided  always,  and  these  presents  are  upon  this  express  con- 
dition, that  if  the  said  part—  of  the  first  part, heirs,  execu- 
tors and  administrators,  shall  well  and  truly  pay  or  cause  to  he 

paid   to  the   said  part—  of  the   second     part, executors, 

administrators  or  assigns,  the  said  sum  of  money  secured  to  be 
paid  by  the  said  promissory  note—,  and  the  interest  thereon,  at 
the  times  specified  and  in  the  manner  mentioned  in  the  said 
promissory  note — ,  according  to  the  true  intent  and  meaning 
thereof,  then,  and  in  that  case,  these  presents,  and  the  estate  hereby 
granted,  shall  cease,  determine  and  be  void.  And  the  said  part— 
of  the  first  part,  for and heirs,  executors  and  administra- 
tors, do—  hereby  covenant,  promise  and  agree  to  pay  to  the  said 
part—  of  the  second  part,  executors,  administrators  or  as- 
signs, the  said  sum  of  money  and  interest  as  mentioned  in  said 
promissory  note — ,  and  secured  to  be  paid  as  aforesaid.  And  if 
default  shall  be  made  in  the  payment  of  the  said  sum  of  money,  or 
any  part  thereof,  as  provided  in  said  note — ,  or  if  the  interest  that 
may  grow  due  thereon,  or  any  part  thereof,  shall  be  behind  and 

unpaid  for  the  space  of days  after  the  same  should  have  been 

paid,  according  to  the  terms  of  said  promissory  note — ,  then  and 
from  thenceforth  it  shall  be  optional  with  said  part—  of  the  second 

part,  executors,  administrators  and  assigns,   to  consider  the 

whoie  of  said  principal  sum  expressed  in  said  note — ,  as  imme- 
diately due  and  payable,  although  the  time  expressed  in  said  note — 
for  the  payment  thereof  shall  not  have  arrived,  and  immediately 
to  enter  into  and  upon  all  and  singular  the  premises  hereby  granted 
or  intended  so  to  be,  and  to  sell  and  dispose  of  the  same,  and  all 
benefit  and  equity  of  redemption  of  the  said  part —  of  the  first 

part ,  heirs,  executors,  administrators  or  assigns,  according  to 

law;  and  out  of  the  money  arising  from  such  sale  to  retain  the 
principal  and  interest  which  shall  then  be  due  on  the  said  promis- 
sory note—,  together  with  the  costs  and  charges  of  foreclosure 

suit,  and  also  the  sum  of dollars  and  a  percentage,  at  the  rate 

of fer  cent,  upon  the  amount  of  judgment  recovered,  or  m 

case  the  said  foreclosure  suit  is  settled  before  judgment  recovered; 
the  amount  due  the  plaintiff  on  said  note—,  and  this  mortgage,  as 
counsel  fees  for  foreclosing  the  same;  and  also  the  amounts  of  all 
such  payjnents  of  taxes,  assessments  or  incumbrances  as  may  have 

been  mnde  by  said  part—  of  the  second  part, heirs,  executors, 

administrators  or  assigns,  by  reason  of  the  permission  hereinafter 
given,  with  the  interest  on  the  same  hereinafter  allowed,  rendering 
the  overplus  of  the  purchase-money  (if  any  there  shall  be)  unto 


MORTGAGES.  325 

the  said  part —  of  the  first  part,  heirs,  executors,  administra- 
tors, or  assigns.  And  the  said  part —  of  the  first  part  do —  hereby 
further  covenant,  promise  and  agree,  to  and  with  the  said  part —  of 
the  second  part,  to  pay  and  discharge  at  maturity  all  such  taxes  or 
assessments,  liens  or  other  incumbrances  now  subsisting  or  here- 
after to  be  laid  or  imposed  upon  said  premises,  or  which  may  be  in 
effect  a  prior  cha-rge  thereupon,  during  the  continuance  hereof,  and 
in  default  thereof,  the  said  part — of  the  second  part  may  pay  and 
discharge  the  same,  and  may,  at  his  option,  keep  fully  insured 
against  all  risks  by  fire  the  buildings  which  are  now,  or  may  be 
hereafter  erected  thereon  at  the  expense  of  the  said  part —  of  the 
first  part,  and  the  sums  so  paid  shall  be  repayable  in  the  same 
kind  of  money  or  currency  in  which  the  same  may  have  been  paid, 

and  shall  bear  interest  at  the  rate  of per  cent,  per ,  and 

shall  be  considered  as  secured  by  these  presents,  and  be  a  lien  npon 
said  premises,  and  shall  be  deducted  from  the  proceeds  of  the  sale 
thereof,  above  mentioned,  with  interest  as  herein  provided. 

In  witness  whereof,  the  part —  of  the  first  part  ha —  hereunto 

set hand—  and  seal —  the  day  and  year  first  above  written. 

.  [seal,] 

• .  [seal.] 

Signed,  sealed  and  delivered 
in  the  presence  of 


The  mortgage  should  be  acknowledged  and  recorded. 


Form  of  Chattel  Mortgage. 

This  mortgage,  made  the day  of ,  in  the  year  eighteen 

hundred  and ,  by ,  of ,  county  of ,  and  State  of 

,  by  occupation ,  mortgagor — ,  to ,  of  the  ■ ,  countv 

of  ,  and  State  of ,  by  occupation  ,  mortgagee  wit- 

nesseth. 

That  said  mortgagor —  mortgage —  to  the  said  mortgagee —  all 
that  certain  personal  property  situated  and  described  as  follows, 
to  wit: 

[Here  insert  a  description  of  the  property  mortgaged.] 

as  security  for  the  payment  to ,  the  said  mortgagee — ,  of 

dollars  in  currency  of  the  United  States  of  America,  on  the 

day  of ,  in  the  year  a,  d.  eighteen  hundred  and ,  with  in- 
terest thereon  at  the  rate  of per  cent,  per ,  according  to 

the  terms  and  conditions  of  a  certain  promissory  note  of  even  date 
herewith,  and  in  the  words  and  figures  following,  to  wit: 
[Here  insert  an  exact  copy  of  the  note.] 

It  is  also  agreed  that,  if  the  mortgagor  should  fail  to  make  any 
payment  as  in  the  said  promissory  note  provided,  then  the  mort- 
gagee may  take  possession  of  said  property,  using  all  necessary 


326  LEASES. 

force  so  to  do,  and  may  immediately  proceed  to  sell  the  same  in  tlie 

manner  provided  bv  bw,  and  from  the  proceeds  pay  the  whole 

amount  in  said  note  specified. 

: — .  [seal.] 

.  [seal.] 

.  [seal.] 

Signed  and  executed  •       , 

in  the  presence  of 


State  of 


County  of 


|-  ss. 


The  mortgagor —  in  the  foregoing  mortgage  named,  and , 

the  mortgagee —  in  said  mortgage  named,  being  duly  sworn,  each 
for  himself,  doth  depose  and  say  that  the  aforesaid  mortgage  is 
made  in  good  faith  and  without  any  design  to  hinder,  delay,  or  de- 
fraud any  creditor  or  creditors. 

Subscribed  and  sworn  to  this day  of ,  a,    d.  18 — ,   at 

the ,  county  of ,  before  me,  


A  chattel  mortgage  is  of  no  value  in  the  State  of  Nevada  un- 
less there  be  a  delivery,  and  an  actual  and  continued  change  of 
possession  of  the  chattels  mortgaged. 


LEASES. 

A  landlord  is  one  who  lets  property. 

A  tenant  is  the  person  who  hires  such  property. 

A  lease  is  a  contract  whereby  a  person  who  has  a  right  to  the 
use  of  property  conveys  such  use  to  another  for  a  limited  time  at  a 
certain  rent,  payable  at  periods  specified. 

In  drawing  a  lease  great  care  should  be  taken  that  all  the  con- 
ditions and  liabilities  on  which  the  premises  are  granted  and  ac- 
cepted are  clearly  specified. 

A  tenant  will  not  be  permitted  to  deny  the  title  of  his  landlord. 

Leases  of  real  property  running  more  than  one  year  should  be 
in  writing,  and  recorded  in  the  office  of  the  county  recorder  where 
the  property  is  situated. 


Form  of  Lease. 

This  indenture,  made  the  fifth  day  of  January,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  eighty,   between , 

of  the  town  of ,  in  the  county  of in  the  State  of , 

party   of  the  first  part,   and ,  of   the    same  place,  the 


LEASES. 


327 


party  of  the  second  part,  witnessetli:  That  the  said  party  of  the 
first  part  does,  by  these  presents,  lease  and  demise  unto  the  said 
party  of  the  second  part  all  that  certain  lot,  piece,    and  parcel  of 

land. 

[Here  insert  a  description  of  tlie  property  jeased.J 

together  with  the  ap])urtenances  thereto  belonging,  for  the  term 
of  one  year,  from  the  fifth  day  of  January,  one  thousand  eight 
hundred  and  eighty,  at  the  monthly  rent  or  sum  of  forty  dollars, 
payable  in  gold  com  of  the  United' States  of  America,  monthly  in 
advance,  on  the  fifth  day  of  each  and  every  month  during  said 
term. 

And  it  is  hereby  agreed  that,  if  any  rent  shall  be  due  and  un- 
paid, or  if  default  shall  be  made  in  any  of  the  covenants  herein 
contained,  then  it  shall  be  lawful  for  the  said  party  of  the  first 
part  to  re-enter  the  said  premises  and  to  remove  all  persons 
therefrom. 

And  the  said  party  of  the  second  part  does  hereby  covenant, 
promise,  and  agree  to  pay  the  said  party  of  the  first  part  the  said 
rent  in  the  manner  hereinbefore  specified,  and  not  to  let  or  under- 
let the  whole  or  any  part  of  the  said  premises  without  the  written 
consent  of  the  party  of  the  first  part; 

And  that,  at  the  expiration  of  said  term,  the  said  party  of  the 
second  part  will  quit  and  surrender  the  said  premises  in  as  good 
state  and  condition  as  reasonable  use  and  wear  thereof  will  permit 
(damages  by  the  elements  excepted). 

In  witness  whereof  the  said  parties  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

.      [seal.] 

.     [seal.] 

Signed,  sealed,  and  delivered  in 
the  presence  of 

If  the  lease  be  drawn  for  a  term  longer  than  one  year  it  should 
be  acknowledged  and  recorded. 


Form  of  Agreement  of  Landlord  to  Tenant. 

This  agreement  witnesseth  that  I, ,  of  the  city  of ,  county 

of ,  State  of ,  have  let  and  rented  to ,  of  the  same  place, 

my  certain  house  and  lot  on  ;  street,  in  said  city  and  county, 

known  and  numbered  as  number ,  on  said street,  for  the 

t€rmof  one  year  from  this  date,  at  the  monthly  rental  of  ^ 'dol- 
lars per  month,  payable  monthly  in  advance,  in  gold  coin.  It  is 
understood  and  agreed  that  said  premises  are  not  to  be  used  or  oc- 
cupied for  any  business  deemed  extra  hazardous  on  account  of  fire, 
and  that  the  same  shall  not  be  underlet  by  the  said  Jones,  without 
my  written  consent,  under  the  penalty  of  forfeiture   of  this  lease 


328  LEASES. 

and  the  damages  which  I  mav  sustain   thereby,  in  a  sura  not  less 

than dollars. 

Given  under  my  hand,  this day  of  -,  a,  d.   18 — . 

Witnesses: 


Form  of  Agreement  of  Tenant  to  liandlord. 

This  agreement  witnesseth  that  I, ,  of  the  city  of , 

county  of and  State  of ,  have  hired  and  leased  of 

,  of  the  same  place,  his  certain  house  and  lot  on street, 

in  said  city  and  county,  known  and  numbered  as  number- ,  on 

gaid 'street,  for  the  term   of  one  year  from  this  date,  at  the 

monthly  rental  of dollars  per  month,  payable  monthly  in  ad- 
vance, in  gold  coin;  and  I  hereby  promise  and  agree  to  make 
punctual  payment  of  said  rent  in  the  manner  and  at  the  times  above 
stated,  and,  at  the  expiration  of  said  term,  to  quit  and  surrender 
the  said  premises  in  as  good  state  and  condition  as  reasonable 
use  and  wear  thereof  will  permit,  damages  by  the  elements  ex- 
cepted, and  covenant  not  to  let  or  underlet  the  whole  or  any  part 
of  the  said  premises  without  the  written  consent  of  my  said  land- 
lord, under  penalty  of  the  forfeiture  of  my  lease  thereof,  and  all 
damages  my  said'  landlord  may  sustain  thereby,  which  I  agree 
shall  be  considered  not  less  than dollars. 

Given  under  my  hand  this day  of ,  a.    d.  18 — (the 

same  date  as  the  landlord's  agreement). 

Witnesses: 


The  object  of  this  work  is  not  to  supply  a  form  for  every  given 
case,  but  to  supply  the  outlines  of  forms  in  all  ordinary  matters  of 
business. 


Form  of  Notice  of  Raising  Rent  on  Property. 

,  ,  ,   18—. 

Mr.   Cyrus  Jont.s  : 

Str_You  will  please  take  notice  that,  at  the  expiration  of  the 

present  month,  the  rent  of  my  building  on  lot  number ,  on 

street,  in  this  city,  will  bo  raised  from  eighty  dollars  per  month 

to  one  hundred  and  twenty  dollars  per  month,  which  amount  (one 
hundred   and   twenty  dollars)  I    shall  hereafter   demand  of  you 


LEASES.  329 

monthly  in  advance,  or  that  you  surrender  the  possession  of  said 
premises  to  me.     Yours  respectfully, 

Wm.  Osborne. 


Form  of  Demand  of  Possession  of   Premises  Leased. 

,  ,   ,   18-. 

Mr.  Samuel  Snyder: 

Sir — Whereas  (^one)  month's  rent  for  my  building  (or  for  room 

No. ,  in   my  building)  numbered ,  on street,  in  the 

town  of ^ county, ,  leased  by  you  from  me,  is  now 

past  due;  you  will  hereby  take  notice  that  I  demand  that  you 
surrender  the  possession  of  said  premises  to  me  within  six  (or 
three)*  days  after  the  service  of  this  notice  on  you.  Yours 
respectfully, 

John  Sunderland. 


Form  of  Liease  of  Furniture,  or  Other  Personal  Property. 

This  indenture,  made  this day  of ,  a.  d.  188-,  between 

,  of ,  party  of  the  first  part,  and ,  of ,  tlie  party 

of  the  second  part,  witnesseth :  That  for  and  in  consideration  of 
the  rents  and  agreements  to  be  paid  and  performed  by  the  party  of 
the  second  part,  the  party  of  the  first  part  does  hereby  lease  to  the 
said  party  of  the  second  part,  the  household  furniture,  goods, 
and  chattels  ^hereinafter  described,  to  wit;  (1  set  of  black 
walnut  bed-room  furniture  consisting  of  1  bed-stead,  marked 
A.  B.  on  the  back  and  inside  of  rails;  1  commode,  marked 
A.  B.  on  the  back;  two  cane-seated  common  and  one  cane- 
seated  rocking-chair,  marked  A.  B.  on  the  under  side  of  the  seat- 
frame  of  each  ;  1  large  24  x  42  French  plate  mirror,  marked  A.  B. 
on  the  back,  etc.,  describing  each  article  leased  in  such  a  manner 
as  to  identify  it),  to  have  and  to  hold  the  same  as  the  lessee  thereof 

for  the  term  of year  from  the  date  hereof  upon   the  payment 

of  the  sum  of dollars   (in  gold  coin),  monthly,  on   the 

day  of  each  and  every  month  during  said  term. 

And  the  said  party  of  the  second  part  covenants  with  the   said 
party  of  the  first  part,  that  he  will  pay  to  the  said  party  of  the  first 

part  the  said  sum  of dollars  (in  gold   coin),  monthly,  on  the 

day  of  each  and  every  month   during  the  said  term,  and  for 

such  further  time  as  he,  the  said  party  of  the  second  part,  may 
hold  the  same;  and  that  he  will  not  assign  or  underlet  the  said 
goods,  chattels,  and  furniture,  nor  any  part  thereof,  to  any  person 
or  persons  whatever,  without  the  written  consent  of  the  party  of 
the  first  part  thereto  ;  and  that  he  will,  at  his  own  expense,  replace 

*The  statutory  time  must  be  given. 


330  LEASES. 

any  part  or  all  of  said  goods,  chattels,  and  furniture  which  shall  be 
lost  or  injured  during  the  said  term  ;  and  that  at  the  expiration, 
or  sooner  determination  of  this  lease,  he  will  restore  the  said  goods, 
chattels,  and  furniture  to  the  pai-ty  of  the  first  part,  or  to  his  (or 
their)  legal  representatives,  in  like  good  order  as  they  are  now, 
reasonable  use  and  unavoidable  damages  thereof  alone  excepted. 

And  it  is  further  agreed  by  the  parties  hereto,  that  upon  the 
failure  of  the  party  of  the  second  part  to  pay  the  rental  of  said 
property  monthly,  as  above  provided,  or  upon  his  failure  on  his 
part  to  comply  with  any  of  his  covenants  in  this  lease,  the  condi- 
tions thereof  shall  be  deemed  broken,  and  that  the  party  of  the  first 
part  may  enter  the  premises  and  building  in  which  the  said  chat- 
tels may  then.be,  and  peaceably  take  and  retain  possession  of  the 
same. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands,  this day  of ,  a.  d.  188-. 

Party  of  the  first  part. 


Parly  of  the  second  part. 

Executed  in  duplicate.     Each  party  should  have  a  copy  of  the 
lease,  and  the  lessor  must  have. 


Lease  of  Personal  Property  with    Privilege  of  Purchase. 

This  indenture,  made  this day  of ,  a.  d.  188-,  between 

of (town,  county  and  State),  the  party  of  the  first  part. 


and of ,  county  of ,  and  State  of ,  party  of  the 

second  part,  witnesseth  : 

That  the  said  party  of  the  first  part,  for  and  in  consideration  of 
the  covenants  and  agreements  hereinafter  contained,  on  the  part 
of  the  party  of  the  second  part,  hereby  leases,  demises,  and  lets 
unto  the  said  party  of  the  second  part,  tiie  personal  property, 
goods,  and  chattels  mentioned  and  described  in  the  schedule 
marked  "A,"  and  annexed  to  this  lease  ;  to  have,  hold,  use,  and 
enjoy  the  same  to  him,  the  said  party  of  the  second  part,  and  not 
to  his  assigns,  nor  to  any  other  person  whatever,  for  and  during 

the  term  of months  from  and  after  the day  of ,  a.  d. 

18 — ,  at  til e  monthly  rental  of dollars,  in  gold    coin,  payable 

monthly  in  advance  on  the day  of  each   and  every  month, 

during  said  term  : 

That  the  said  party  of  the  second  part  shall  have  the  right  and 
privilege  of  purchasing  the  property  described  in  said  schedule,  of 
the  party  of  the  second  part,  at  any  time  during  the  said  term,  by 

paying  therefor  the  sum  of dollar? ;  but   until  such  payment 

shall  have  been  fnlly  made,  exclusive  of  and  in  addition  to  the 
payment  of  rents,  as  above  provided,  no  sale  shall  be  deemed  to 
have  been  made;  and  all  partial  payments  toward   such  purchase 


DOWER.  331 

shall  become  the  absolute  property  of  the  party  of  the  first  part, 
and  shall  be  forfeited  to  him  unless  the  full  payment  of  the  pur- 
chase money  above  mentioned  shall  be  made  within  the  term  afore- 
said. 

It  is  further  agreed  by  the  parties  hereto,  that  this  indenture 
shall  cease,  determine,  and  become  void,  and  that  all  the  rights 
and  privileges  secured  therein  to  the  party  of  the  second  part  shall 
be  forfeited,  and  that  the  said  party  of  the  first  part,  without  re- 
clamation or  recoupment  in  i'avor  of  the  party  of  the  second  part, 
shall  be  the  owner  of,  and  be  entitled  to  the  sole  and  exclusive  pos- 
session of  all  the  property  described  in  said  schedule,  upocn  the 
happening  of  any  one  or  more  of  the  following  events  or  contin- 
gencies, to  wit : 

1.  If  the  rent  or  any  portion  thereof  shall  not  be  paid  at  the 
time  and  in  the  manner  herein  provided  ; 

2.  If  the  property,  or  any  part  thereof,  mentioned  in  said 
schedule,  shall  be  used  for  any  other  purpose,  or  in  any  other  man- 
ner than  the  ordinary  uses  for  similar  property  ;  or  if  the  same  or 
any  part  thereof  shall  be  misused  or  injured  in  excess  of  the  natural 
use  and  wear  thereof ;  or  if  there  shall  be  for  any  cause  imminent 
danger  of  the  loss  or  serious  damage  thereof. 

3.  If  the  said  party  of  the  second  part  shall  for  any  cause  part 
with,  or  threaten  or  attempt  to  part  with,  or  shall  for  any  cause  be 
deprived  of,  or  in  danger  of  being  deprived  of,  the  actual  personal 
possession,  custody,  and  control  of  said  Droperty,  or  of  any  part 
therecrf'. 

While  the  said  property  shall  remain  in  the  possession  of  the 
said  party  of  the  second  part  (it  shall  be  at  the  risk  of  the  party  of 

the part,  against  fire  and  all  other  accidents  and   casualties 

whatever);  or  (it  shall  be  insured  at  the  cost  and  expense  of  the 
party  of  the  second  part,  for  the  benefit  of  the  party  of  the  first 
part,  against  loss  by  fires,  etc.,  in  the  sum  of dollai's). 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  at -,  this day  of ,  a.  d.  18 — . 


Party  of  the  first  part. 


Party  of  the  second  part. 
In  duplicate,  one  copy  for  each  party. 

Release  of  Dower. 

UNDER    THE    COMMON    LAW. 

To  all  to  whom  these  presents  shall  come,  A B relict  of 

O B ,  late  of ,  sends  Greeting  : 

Know  ye  that  the  said  A B ,  for  and  in  consideration 

of  the  sum  of dollars  to  her  in  hand  paid,  at  or  before  the 

ensealing  and  delivery  of  these  presents  by of ,  in  the 


332  DOWER. 

county  of ,  and  State  of ,  hath  granted,  remised,  released 

and  forever  quitclaimed,  and  by  these  presents  doth  grant,  remise, 
release  and  forever  quitclaim,  unto  the  said-—,  his  heirs  and 
assigns  forever,  all  the  dower  and  thirds,  and  all  right  and  title  of 
dower  and  thirds,  and  all  other  right,  title,  interest,  property, 
claim,  and  demand  whatsoever,  in  law  and  in  equity,  of  her,  the 

said  A B ,  of,  in  and  to  that  certain  lot,  piece  and  parcel 

of  land  bounded  and  described  as  follows:  (here  describe  the  land, 
or  if  the  release  be  a  general  one,  say,  "all  and  every  the  mes- 
suages, lands,  tenements  and  real  estate,  whereof  the  said  C 

B died  seized  or  possessed,  or  whereof  he  was  seized  or  pos- 
sessed at  the  time  of  ms  intermarriage  with  the  said  A B , 

or  at  any  time  since,    wheresoever  the  same    may    lie   and   be 

situate,")  so  that  she,  the  said  A B ,  her  heirs,  executors, 

admmistrators  or  assigns,  nor  any  other  person  or  persons  for  her, 
them,  or  any  of  them,  have,  claim,  challenge  or  demand  any 
dower  or  thirds,  or  any  other  right,  title,  claim,  or  demand,  of,  in, 
or  to  the  same,  or  any  part  or  parcel  thereof,  in  whosesoever  hands, 
seizin,  or  possession  the  saTue  may  or  can  be,  but  thereof  and  there- 
from they  shall  be  utterly  barred  and  excluded  forever  by  these 
presents. 

In  witness  whereof  the  said  A B has  hereunto  set  her 

hand  and  seal,  at ,  this day  of ,  a.  d.  1 8 — . 

A B .     [seal.] 

Signed,  sealed,  and  delivered  in  presence  of 

G H . 

I. J .. 

The  release  must  be  acknowledged  before  an  officer  authorized 
by  law  to  take  acknowledgments. 


CHAPTER  XIV. 


COMMKRCIAIi  AND  BUSINESS   REGULATIONS  AND 

FORMS. 

A  promissory  note  is  a  promise  in  writing,  made  by  one  or  more 
persons,  to  pay  to  another  or  more  persons,  a  definite  sum  of 
money. 

If  a  note  is  lost  or  stolen,  it  does  not  release  the  maker,  but  he 
must  pay  it,  if  the  consideration  and  the  amount  for  which  it  was 
given  can  be  proved. 

A  note  obtained  by  fraud  can  not  be  collected,  if  the  fraud  be 
shown,  unless  in  the  hands  of  an  innocent  party. 

Notes  bear  interest  from  date,  only  when  so  stated  in  the  note, 
but  after  maturity  they  bear  interest  at  the  rate  established  by  the 
statute  of  the  State. 

The  law  presumes  that  a  note  was  given  for  "  value  received  " 
by  the  maker,  but  it  is  proper  to  use  the  words  in  the  note. 

The  maker  of  an  "  accommodation  "  note  or  bill  is  not  bound 
to  the  person  accommodated,  but  is  bound  to  all  other  parties  in- 
terested in  the  note,  as  fully  as  if  he  had  received  a  good  consider- 
ation for  making  it. 

A  note  made  by  a  minor  is  voidable 

A  note  indorsed  in  hlank  is  transferable  by  delivery,  the  same  as 
if  payable  to  bearer. 

If  the  time  of  payment  of  a  note  is  not  inserted  in  it,  it  is  pay- 
able on  demand. 

The  payee's  name  should  be  distinctly  stated  in  the  note,  un- 
less payable  to  bearer. 

An  indorsee  has  a  right  of  action  against  all  whose  names  were 
on  the  bill  when  he  received  it. 

Notice  of  protest  may  be  sent  either  to  the  place  of  business  or 
to  the  residence  of  the  party  notified.  Loss  of  a  note  or  bill  does 
not  excuse  a  failure  to  give  notice  of  protest. 

If  two  or  more  persons  as  partners  are  jointly  liable  on  a  note  or 

bill,  notice  of  protest  to  one  of  them  is  sufficient, 

(333) 


334  PKOMISSOKY   NOTES. 

The  time  of  payment  of  a  note  must  not  depend  upon  a  con- 
tingency, and  the  promise  of  payment  must  be  absolute. 

The  signer  of  a  note  is  called  the  maker;  the  one  to  whom  it  is 
made  payable,  \}i\& payee;  and  he  to  whom  the  payee  makes  it  pay- 
able by  endorsement,  is  called  the  endorsee;  he  who  endorses  the 
note,  the  endorser, 

A  consideration  must  be  given  for  a  note  to  make  it  valid,  as 
between  the  maker  and  payee;  but  any  one  who  has  given  value 
for  it,  before  it  had  become  due,  and  not  knowing  that  it  was  origi- 
nally made  without  consideration,  can  recover  on  it  against  all  the 
antecedent  parties  to  the  note. 

The  words  "  value  received"  should  be  inserted  in  a  promissory 
note,  so  as  to  express  a  consideration  for  the  promise. 

A  negotiable  note  is  one  that  is  transferable  without,  or  is  made 
transferable  by  endorsement.  A  note  negotiable  by  the  laws  of 
the  State  where  it  is  made  is  negotiable  elsewhere. 

The  most  usual  methods  of  drawing  notes  are  on  demand,  or  at  a 
certain  time  after  date;  either  payable  only  to  the  person  named, 
or  to  his  order,  or  to  bearer,  or  in  a  speciiied  commodity.  A  note 
payable  to  the  person  named,  where  the  words,  to  order  or  to 
Nearer  are  omitted,  is  not  negotiable;  if  payable  to  order,  it  is 
negotiable  by  the  payee  endorsing  it  by  writing  his  name  on  the 
back  of  the  note,  in  which  case  the  payee  is  liable  to  the  holder  if 
it  is  not  paid  by  the  maker,  provided  he  have  due  notice  thereof. 
K  payable  to  bearer,  the  holder  can  demand  payment  without  en- 
dorsing it. 

Any  payee  who  desires  to  transfer  a  note  by  endorsement,  with- 
out incurring  any  responsibility,  can  do  so  by  endorsing  the  note 
in  this  manner:  "Without  recourse  to  me,  John  Doe."  If  he 
wishes  to  make  it  payable  to  a  third  party  specially,  he  can  do 
so  by  endorsing  it  thus:  "Pay  the  within  to  John  Jones,  or  order. 
John  Doe:"  Jolm  Jones  must  then  endorse  it  in  order  to  transfer 
it  to  another  person. 

A  note  running  thus,  "  I  promise  to  pay,"  and  signed  by  two 
parties  is  joint  and  several,  and  may  be  collected  of  either  party; 
if  it  is  desired  to  make  only  a  joint  note,  write  it  thus,  "  We 
jointly  and  not  severally  promise." 

If  a  note  is  made  payable  to  the  order  of  two  or  more  persons 
who  are  not  partners,  they  must  each  and  all  endorse  it,  in  order 
to  make  a  valid  transfer. 

A  note  negotiated  after  it   is  due  is  subject  to  any  offset  the 


PROMISSORY  NOTES.  3"*d5 

maker  of  the  note  ma}'-  have  against  the  person  to  whom  it  is 
made  payable. 

The  words,  "  without  defalcation  or  discount,"  must  be  inserted 
in  notes  in  New  Jersey  and  Pennsylvania.  In  those  States  a 
note  in  wliich  these  words  are  not  inserted  is  subject  to  the  same 
disabilities  as  a  note  that  is  past  due. 

Promissory  notes  are  entitled,  like  bills  of  exchange,  to  three 
days  of  grace  (except  in  California,  where  no  days  of  grace  are  al- 
lowed). If  a  note  is  lost  it  should  be  advertised  as  soon  as  the 
loss  is  discovered,  and  payment  should  be  demanded  on  the  last 
day  of  grace.  Custom,  and  the  statute  in  some  States,  make  a 
note  falling  due  on  Sunday  payable  the  day  previous. 

Demand  of  payment  should  be  made  of  the  maker  on  the  day 
when  the  note  is 'due,  and  if  not  paid,  notice  should  be  immedi- 
ately given  to  all  the  endorsers;  if  this  is  not  done  they  will  be 
discharged  from  their  liability. 

If  the  words  ' '  with  interest  "  are  omitted  in  a  note,  it  will  not 
draw  interest  before  the  time  at  which  it  is  due.  If  it  is  not  paid 
when  due,  it  will  draw  legal  interest  from  that  time.  If  the  note 
is  payable  on  demand,  it  will  draw  interest  from  the  time  payment 
is  demanded.  If  a  note  is  made  payable  in  a  specified  commod- 
ity, payment  must  be  offered  at  the  time  required,  otherwise  the 
holder  can  demand  its  value  in  money.  (This  rule  is  equally  ap- 
plicable in  all  contracts  for  barter.)  The  holder  of  a  note  need 
not  accept  a  sum  less  than  the  whole  amount  due.    . 


Rulfe  for  Computing'  Interest  on  a  Promissory  Note  on 
"Which  Several  Payments  Have  Been  Made. 

1.  Compute  the  interest  on  the  principal  of  the  note,  at  the  rate 
mentioned  in  the  note,  from  the  time  it  began  to  draw  interest 
until  the  first  payment  was  made;  then, 

2.  If  the  payment  made  be  greater  than  the  interest  due  on  the 
note  at  the  time  of  such  payment,  add  the  interest  to  the  principal, 
and  from  their  sum  subtract  the  payment,  and  the  remainder  will 
constitute  a  new  pririGipal,  on  which  interest  should  be  computed 
until  the  next  payment,  or  until  such  time  as  the  sum  of  the  pay- 
ments, indorsed,  shall  exceed  the  interest  due  on  the  note  at  the 
time  of  the  last  of  such  payments. 

3.  If  the  payment  made  at  any  time  be  less  than  the  interest 
due  on  the  principal  at  the  time  of  such  nayment,  take   no  notice 


336  PROMISSORY   NOTES. 

of  such  payment  until  other  payments  shall  have  been  made,  which, 
added  to  such  payment,  shall  exceed  the  interest  due  on  the  princi- 
pal at  the  time  the  last  of  such  payments  was  made;  then, 

4.  Compute  the  interest  on  the  principal  up  to  such  time  (that  is, 
until  the  time  when  the  sum  of  tlie  payments  made  exceeds  the 
interest  due  at  the  time  of  the  last  payment),  and  add  such  interest 
to  the  principal;  and  from  their  amount  subtract  the  sum  (or 
amount)  of  such  payments.  The  remainder  will  constitute  a  new 
principal. 

5.  Continue,  in  the  above  manner,  to  find  new  principals^  pro- 
duced by  deducting  payments,  which  alone,  or  increased  by  other 
payments,  exceed  the  interest  due  at  the  time  of  the  last  of  such 
payments,  until  all  the  payments  made  on  the  note  are  absorbed ; 
and  on  the  last  new  principal  compute  the  interest  from  the  date  of 
the  last  payment  indorsed  until  the  final  payment  of  the  note,  and 
this  interest  added  to  the  last  new  principal  will  show  the  amount 
due  on  the  note  at  the  time  of  the  final  payment 


Form  of  Promissory   Note  not  Negotiable  and  vTithout 
Interest  until  Due. 

$119.00. 

Thirty  days  after  date,  I  promise  to  pay  to  John  Owen   one 
hundred  and  nineteen  dollars,  in  gold  coin,  for  value  received. 

John  Doe. 

Virginia  City^   Nevada^  Jan.  2,  1883. 


Form  of  Note  Negotiable  by  Indorsement,  -without  Inter- 
est until  Due. 

$300.00. 

Thirty  days  after  date  I  promise  to  pay  John  Doe,  or  order,  the 
sum  of  three  hundred  dollars,  in  gold  coin,  for  value  received. 

John  Owen. 

Sacramento,   Cal.,  Jan.  3,  1883. 


Form  of  Negotiable  Note  -without  Indorsement,  -without 
Interest,  etc.,  until  Due. 

$200.00. 

Sixty  days  after  date  I  promise  to  pay  to  John  Doe,  or  bearer, 
the  sum  of  two  hundred  dollars,  in  gold  coin,  for  value  received. 

John  Owen. 

Oanson,   Nevada,  Jan.   3,  1883. 


PROMISSORY   NOTES.  337 

Form  of  Note  Bearing   Interest  after  Maturity  at   Rate 

Agreed  Upon. 

$200.00. 

Sixty  days  after  date  I  promise  to  pay  to  John  Doe,  or  order, 
the  sum  of  two  hundred  dollars  (in  gold  coin),  with  interest  after 
maturity  in  like  gold  coin  at  the  rate  of  tliree  per  cent,  per  month 
until  the  same  shall  be  paid.     For  value  received. 

John  Owen. 

Nevada  City,    Cal.,  Dec.  23,  1883. 

Philadelphia,  Sept.  12,  1882. 
$300.00. 

Sixty  days  after  date,  for  value  received,  I  promise  to  pay 
without  defalcation,  to  John  Jones,  or  order,  three  hundred  dollars, 
in  merchantable  wheat  at  the  current  price. 

John  Doe. 

"Without  defalcation"  is  inserted  in  notes  drawn  in  Pennsyl- 
vania and  New  Jersey,  to  protect  them  when  due  against  any  offset 
of  the  maker. 


Form  of  Note  Bearing  an  Agreed  Rate  of  Interest  from 

Date. 

$300.00. 

For  value  received,  ninety  days  after  date,  I  promise  to  pay  to 
John  Doe,  or  order,  the  sum  of  three  hundred  dollars  (in  gold 
coin),  with  interest  from  date  (in  like  gold  coin)  at  the  rate  of  two 
per  cent,  per  month  until  the  same  shall  be  paid. 

John  Owen. 

Reno.,  Nevada^  Jan.  2,  1883. 


Form  of  Note  Payable  at  a  Particular  Place. 

$300.00. 

For  value  received,  I  promise  to  pay  to  John  Doe,  or  order,  the 
sum  of  three  hundred  dollars  (in  United  States  gold  coin),  sixty 
days  after  the  date  hereof,  at  the  Carson  Savings  Bank  in  Carson 
City.,  with  interest  on  said  sum  (in  like  gold  coin)  at  the  rate  of 
two  per  cent,  per  month  from  date  until  the  same  shall  be  paid. 

John  Owen. 

Dayton.,   Nevada^  Jan.  5,  1883. 


Form .  of  Joint  and  Several  Note. 

$300.00. 

For  value  received,  ninety  days  after  date,  we,  or  either  of  us, 
jointly  and  severally  promise  to  pay  to  John  Doe,  or  order,  the  sum 

22 


338  MISCELLANEOUS 

of  three  hundred  dollars  (in  gold  coin),*  with  interest  (in  like  gold 
coin)  at  the  rate  of  two  per  cent,  per  month  from  date  until  the 
same  shall  be  paid. 

John  Owkn, 
James  Meek. 
Chico,   Cat.,  Jan.  6,  1883. 


Form  of  Due-BilL 

$30.00. 

Due  John  Doe,  thirty  dollars  oil  demand,  for  value  received. 

John  Owen. 
Reno,  Jan.  3,  1883. 


Form  of  Due-Bill. 

$50.00. 

T>\\Q  John  Doe,  or  bearer,  fifty  dollars,  with  interest  at  one  per 
cent,  per  month  until  paid,  for  value  received. 

John  Owen. 

Sutro,  Nevada,  Jan.  5,  1883. 

Due-bills  and  promissory  notes  are  practically  the  same  things, 
differing  only  in  formality. 


Form  of  Receipt  from  One  Person  by  Another. 

Eureka,  Nev.,  Dec.  20,  1882. 
Received  of  Harvey  Carpenter,  through  Hon.  Thomas  Wren, 
two  hundred  dollars  in  full  of  all  demands  against  said  Harvey 
Carpenter  to  date. 

David  Hall. 


Form  of  Receipt  from  One  Person  to  Another's  Creait. 

Ruby  Hill,  Nkv.,  Dec.  23,  1882. 
Received  of  Mosely  R.  Lyon  three  hundred  dollars,  to  be  credited 
on  F.  Robison's  note  for  five  hundred  dollars,  dated  June  1,  1879, 
and  due  one  year  from  date. 

William  Wermuth. 


*  The  words  "  in  gold  coin,"  are  usually  inserted  in  notes  in  California  and 
Nevada. 


FORMS.  339 

Form  of  Receipt  in  Full. 

Received  of  J.  Landon  Smith  five  hundred  dollars  in  full  of  all 
demands  for  work  done  on  his  livery  stable. 

J.  Ckossait. 
Eureka,  Dec.  24,  1882. 


Form  of  Letter  Transmitting  Money  and  Ordering  Goods. 

Tabor,  Iowa,  Jan.  7, 1883. 
Messrs.  Carson,  Pirie  &  Co.,  Chicago,  111. 

Gentlemen:  Enclosed  please  find  a  check  on  the  First  National 
Bank  of  Chicago,  for  two  thousand  five  hundred  dollars,  which  I 
desire  you  to  place  to  my  credit,  on  account.  I  desire  also  that 
you  ship  to  me  at  Tabor,  Iowa,  by  the  B.  &  M.  Railroad,  the  fol- 
lowing named  goods,  of  firstc-lass  quality,  and  at  your  lowest  cash 
price,  to  wit: 

[Here  name  the  goods  you  require,  plainly  and  fully.] 

By  filling  this  order  at  your  earliest  convenience,  you  will  greatly 
oblige,  yours  very  truly, 

James  Kasson  Gas'jx)n. 


General  Form  of  BiH  of  Sale. 

Know  all  men  by  these  presents,  that  I,  John  Doe,  of  the  city 

of ,  in  the  county  of ,  and  State  of ,  of  the  first  part, 

for  and  in  consideration  of  the  sum  of  five  hundred  dollars,  lawful 
money  of  the  United  States,  to  me  in  hand  paid,  at  or  before  the 
ensealing  and  delivery  of  these  presents,  by  Richard  Roe,  of  the 
same  place,  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  have  bargained  and  sold,  and  by  these  presents  do 
grant  and  convey,  unto  the  said  party  of  the  second  part,  his  exec- 
utors, administrators,  and  assigns,  one  dark  bay  cok  sixteen 
hands  high,  one  single  harness,  one  light  single  wagon,  one  cow 
two  pigs,  and  three  geese;  to  have  and  to  hold  the  same  unto  the 
said  party  of  the  second  part,  his  executors,  administrators,  and 
assigns,  for  ever. 

And  I  do  for  myself,  my  heirs,  executors,  and  administrators, 
covenant  and  agree,  to  and  with  the  said  party  of  the  second  part, 
to  warrant  and  defend  the  sale  of  the  said  goods  and  chattels 
hereby  sold  unto  the  said  party  of  the  second  part,  his  executors, 
administrators,  and  assigns,  against  the  claims  of  all  and  every 
person  and  persons  whomsoever. 


3iO  MISCELLANEOUS 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
first  day  of  July,  one  thousand  eight  hundred  and . 

John  Doe.     [seal.] 
Sealed  and  delivered  in  the  presence  of 
John  Smith, 
Peter  Jones. 


Bill  of  Sale  of  Horse,  with  Warranty. 

Know  all  men  by  these  presents,  that  I,  John  Doe,  of  the  town 
of  Racine,  in  the  county  of  Racine,  and  State  of  Wisconsin,  of  the 
first  part,  for  and  in  consideration  of  the  sum  of  one  hundred  and 
fifty  dollars,  lawful  money  of  the  United  States,  to  me  in  hand 
paid  at  or  before  the  ensealing  and  delivery  of  these  presents,  by 
Richard  Roe,  of  the  same  place,  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  have  bargained  and  sold,  and  by 
these  presents  do  grant  and  convey  unto  the  said  Richard  Roe,  his 
executors,  administrators  and  assigns,  one  dark  bay  horse,  with  a 
white  star  in  the  forehead,  and  a  black  mane  and  tail;  to  have 
and  to  hold  the  same  unto  the  said  Richard  Roe,  his  executors, 
administrators,  and  assigns,  for  ever. 

And  I  do  hereby  warrant  the  said  horse  to  be  sound  in  every 
respect,  to  be  free  from  vice,  to  be  well  broken,  and  kind  and  gen- 
tle in  single  and  in  double  harness,  and  under  the  saddle;  and  I 
covenant  for  myself,  my  heirs,  executors,  and  administrators,  with 
the  said  Richard  Roe,  to  warrant  and  defend  the  sale  of  the  said 
horse  unto  the  said  Richard  Roe,  his  executors,  admiuisti'ator^, 
and  assigns,  against  all  and  every  person  and  persons,  lawfully 
claiming  or  to  claim  the  same,  whomsoever. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal,  this 
fifth  day  of  Jnly,  one  thousand  eight  hundred  and 

John  Doe.     [seal.] 
Sealed  and  delivered  in  the  presence  of 
Peter  Pepper- 
JoEN  Stone. 


Form  of  Order  for  Money. 

BoDLE,  Cal.,  Jan.  3.  1883. 
Messrs.  West  ^  Bryant: 

riease  pay  to  John  Jones,  or  order,  fifty  dollars  on  demand,  and 
charge  to  account  of,  yours  truly, 

Iea  Jot. 


Form  of  Order  for  a  Suit  of  Clothes. 

Carson  Citv,  Jan.  4,  1883. 
H.  S.  Mason  A:  Co. : 

Please  let  Mr.  George  Tufly  have  such  broadcloth,   beaver  or 


FOKMS.  341 

other  material  as  he  may  select  for  a  suit  of  clothes,  not  exceeding 
one  hundred  dollars  in  value,  and  charge  the  same  to  the  account 
of,  yours  truly, 

Ben  Small. 


Form  of  Order  for  Cattle. 

WiNNEMUCCA,  Jan.  2,  1882. 
Mr.  Alex.  Wise: 

Please  deliver  to  John  Brown,  or  bearer,  the  cattle  I  purchased 
of  you  last  Saturday,  and  oblige,  yours  truly, 

Geo.  E,.  Walker. 


Form. of  Receipt. 

TuscAKORA,  Dec.  23,  1882. 
Received  of  S.  M.  Beard  lifty-two  dollars  in  full  of  all  demands 
to  date. 

J.   M.   HOGLE. 


Form  of  Receipt. 

Received  of  Leu  Wines  twenty  dollars  on  account. 

O .  L.  C.  Fairchild. 
Tuscarom,  Dec.  23,  1882. 


Form  of  Receipt  from.  One  Person  for  Another's  Account. 

Elko,  Dec.  24,  1882. 
Received  of  Walter  Chase,  one  hundred  and  fifty  dollars,  to  pay 
the  account  of  Hon.  John  S.  Mayhew  against  him. 

Merrill  P.  Freeman. 


By  an  excellent  provision  of  the  California  Civil  Code,  persons 
desirous  of  forming  a  special  partnership  must  severally  sign  and 
acknowledge  before  some  officer  authorized  to  take  acknowledgment 
of  deeds,  and  file  one  in  the  office  of  the  county  recorder  of  the 
county  in  which  the  principal  business  of  the  partnership  is  to  be 
transacted,  and  a  certified  copy  in  the  clerk's  office  of  any  other 
county  in  which  such  partnership  has  a  place  of  business,  a  cer- 
tificate stating:  First,  The  name  under  which  the  partnership  is  to 
be  conducted;  second.  The  general  nature  of  the  business  intended 


342  MISCELLANEOUS 

to  be  transacted;  third,  The  names  of  all  the  partners  and  their 
residences,  specifying  which  are  general  and  which  are  special 
partners;  fourth,  The  amount  of  capital  which  each  special  partner 
has  contributed  to  the  common  stock;  and,  lifth,  The  periods  at 
which  such  partnership  will  begin  and  end;  and  if  any  false  state- 
ment is  made  in  any  such  certificate,  all  the  persons  interested  in 
the  partnership  are  liable  as  general  pautners  for  all  the  engage- 
ments of  the  partnership. 

For  the  convenience  of  such  partnership  under  that  code  such 
certificate  aaad  acknowledgment  are  given  in  the  following  two 
forms: 


Form  of  Certificate. 

State  of  California, 


County  of  Mono,  f 

We,  the  undersigned,  do  hereby  certify  that  we  are  partners 
doing  business  under  the  name  of  the  "  Bodie  Mountain  Water 
Company;"  that  we  intend  to  furnish  pure  water  to  the  people  of 
Bodie,  in  said  county — pure  water  for  drinking,  culinary  and  other 
purposes;  that  the  names  of  all  the  partners  are  Richard  Brown, 
William  A.  Irwin,  J.  D.  Page  and  John  Wagner  (that  the  said 
J.  D.  Page  and  John  Wagner  are  special  partners,  and  have  con- 
tributed ten  thousand  dollars  each  to  the  common  stock);  that  the 
residences  of  all  said  partners  are  in  said  town  of  Bodie;  that  said- 
partnership  began  om  the  second  day  of  January,  1883,  and  is  to 
continue  for  the  term  of  twenty  years. 

In  witness  whereof  we  have  hereunto  set  our  hands,  this  second 
day  of  January,  a.  d.  1883. 

RicHAED  Brown, 
Wm.  a.  Irwin, 
J.  D.  Page, 
John  Wagner. 


Form  of  Acknowledgrment. 

State  of  California, 


County  of  Mono.   ^  "  ' 

On  this  second  day  of  January,  a.  u.  1883,  before  me,  George 
McCartney,  a  notary  public  in  and  for  said  county  of  Mono,  duly 
commissioned  and  sworn,  personally  appeared  Richard  Brown, 
Wm.  A.  Irwin,  J.  D.  Page  and  John  Wagner,  known  to  me  to  be 
the  persons  described  in  and  who  executed  tiie  foregoing  (or  the 
annexed)  instrument,  and  they  severally  acknowledged  to  me  that 
they  executed  the  same. 


FORMS.  343 

In  witness  whereof  I  have  hereunto  set  ray  hand  and  affixed  my 
official  seal  at  my  office  in  Eodie,  aforesaid,  on  the  day  and  year  in 
this  certificate  above  written. 

Geo.  McCartney, 
[seal]  Notary  PuhliG. 


AGREEMENTS 

are  contracts  mutually  made  between  two  or  more  persons  con- 
cerning something  already  done,  or  to  be  done. 

It  is  always  better  that  agreements  be  reduced  to  writing  (for 
writings  never  forget),  and,  in  doing  so,  great  care  should  be  used 
in  making  the  writing  express  in  concise  and  exact  terms  the  full 
agreement,  or  a  perfect  memorandum  of  it;  for  if,  unfortunately, 
the  contract  should  go  into  court,  the  judge  will  construe  it  as  the 
language  of  the  agreement  may  seem  to  require,  giving  to  the 
words  used  in  it  their  usual  meaning.  With  this  suggestion  a 
general  form  of  an  agreement  will  be  presented  in 

Agreement. — General  Form. 

This  agreement,   made  this  day  of  ,   1882,  between 

,  of  the  city ,  county  of and  State  of ,  party  of 

the  first  part,  and ,  of  the  town  of ,  county  of and 

State  of- ,  party  of  the  second  part,  witnesseth,  that  the  party 

of  the  first  part,  for  and  in  consideration  of  the  covenants  herein- 
after contained  on  the  part  of  the  party  of  the  second  part,  does 
hereby  covenant  and  agree  to  and  with  the  said  party  of  the  second 
part,  that 

[Here  insert  the  agreement  of  the  party  first  named  above,  concisely  but  exactly.] 

And  the  party  of  the  second  part,  in  consideration  ot  said  cove- 
nants on  the  part  of  the  party  of  the  first  part,  does  covenant  and 
agree  with  said  party  of  the   first  part,  that   he,  the  party  of  the 
second  part,  will 
[Here  insert  the  agreement  of  the  party  of  the  second  part  concisely  and  exactly] 

In  witness  whereof  we  have  hereunto  set  our  hands  the  day  and 
year  above  written. 


Form  for  the  Sale   and    Delivery  of  Personal   Property. 

This  agreement  witnesseth,  that  the   undersigned,  -,  of  the 

county  of ,  State  of ,  for  and  in  consideration  of  the  cove- 
nants and  agreements  hereinafter  stated  on  the  part  of ,  of  the 


344  MISCELLANEOUS   FORMS. 

county  of ,  State   aforesaid,  does  hereby   agree  that   he 


will  deliver  at  the   ste miboat  landing   on  the river,  in   said 

town  of ,  four  hundred  centals  of  wheat,  of  good  and  mer- 
chantable quality,  to  the  said ,  on  or  before   the  first  day  of 

,  18 — ;  and  the  said ,  in  consideration    of  the   foregoing 

covenant  of  the  said does  covenant  and  agree  that  he  will  re- 
ceive the  said  wheat,  at  the  place  above  named,  at  any  time  be- 
tween the  date  of  this  agreement   and   the   said day  of , 

18 — ,  from  the  said ,  an'l  will  pay  him  therefor  as  soon  as  all 

of  said  wheat  shall  be  delivered,  at  the  rate  of  two  dollars  per 
cental  for  each  cental  of  such  wheat  he  may  deliver  as  aforesaid, 
not  exceeding  said  four  hundred  centals. 

Witness   our  hands  to   this   agreement,  in  duplicate,  this  

day  of ,  A.  D.  18 — . 


Form  of  Contract  for  Building. 

This  agreement,  made  the day  of ,  18 — ,  between , 

of  ,  county,    State  ot ,  party  of  the  first  part,  and 

,  of  the  same  place,  party  of  the  second  part,  witnesseth,  that 

the  said  party  of  the  first  part,  for  and  in  consideration  of  the  cov- 
enants of  the  party  of  the  second  part  hereinafter  contained,  cove- 
nants and  agrees  to  and  with  the  party  of  the  second  part,  to  make, 
erect,  build  and  finish,  in  a  good,  substantial  and  workmanlike 
manner,  and  furnish  the  materials  therefor  at  his  own  cost  and 
expense,  a  two-story  brick  dwelling-house,  on  tliat   certain  lot  in 

,  aforesaid,  described  as  follows,  to  wit : 

[Here  describe  the  land  on  which  the  building  is  to  be  erected] 

agreeable  to  the  draught,  plan  and  specifications  hereto  annexed 
and  signed  by  the  parties  hereto,  of  good  and  substantial  materials, 
by  the day  of next :  and  in  consideration  of  the  fore- 
going covenants  of  said  party  of  the  first  part,  the  party  of  the  sec- 
ond part  agrees  to  pay  to  the  party  of  the  first  part  the  sum  of  four 
thousand  dollars,  in  lawful  money  of  the  United  States,  for  the 
said  building,  as  follows,  to  wit :  two  thousand  dollars  when  said 
building  is  enclosed  and  the  roof  thereof  shall  be  put  on.  and  the 
remaining  two  thousand  dollars  when  said  building  sliall  be  com- 
pleted as  above  provided;  and  f  )r  the  true  and  faithful  ])erforraance 
of  all  and  every  of  the  agreements  above  mentioned  the  parties  to 
this  agreement  do  hereby  further  covenant  and  agree,  each  with 
the  other,  that  the  sum  of  fifteen  hundred  dollars  shall  be  the 
estimated,  fixed  and  settled  damages  to  be  paid  by  either  party 
who  shall  fail  faithfully  to  perform  his  covenants  herein  to  the 
other  party  hereto. 


AGREEMENTS.  345 

In  witness  whereof  the  said  parties  have  hereunto  set  their  hands 
the  day  and  year  first  above  written. 


[The  distinction  between  sealed  and  unsealed  private  instruments  is  abolished 
in  California.] 

Courts  will  construe  agreements  of  all  kinds  according  to  the 
evident  intention  of  the  parties  at  the  time  of  making  the  agree- 
ments. 


Form  of  Agreement  to  Sell  Land. 

This  agreement,  made  the day  of ,a.  d.  1882,  between 

-,  of  the  city  of ,  county  of ,  State   of ,  party  of 


the  first  part,  and  ,  of  the  of -,  State   aforesaid,  the 

party  of  the  second  part,  witnesseth,    that  the   said  party  of  the 

first  part,  for  and  in  consideration   of  the   sum  of dollars,  to 

him  in  hand  paid,  has  agreed  to  sell  and  convey,  by  good  and  valid 
deed,  to  the  party  of  the  second  part,  all  that  certain  lot,  piece  and 

parcel   of  land  situate  and  being  in county,  in  said   State, 

bounded  and  described  as  follows,  to  wit :     Beginning 

[Here  describe  the  land  as  completely  as  possible,  so  that  it  may  be  readily 
identified.] 

together  with,  ail  and  singular,  the  tenements,  hereditaments  and 
appurtenances  belonging  and  in  any  wise  appertaining  to  said 
land,  with  the  usual  covenants  of  warranty  in  said  deed,  upon  the 
following  conditions,  to  wit: 

That  the  said  party  of  the  second  part,  his  heirs  or  assigns, 
shall  pay  to  the  j^arty  of  the  first  part,  his  heirs  or  assigns,  for  the 
said  land,  the  sum  of  four  thousand  dollars  lawful  money  of  the 
United  States,  in  installments,  as  follows,   to  wit:     The  sum  of 

one  thousand  dollars  on  the day  of  — —  next,  and  the  further 

sum  of  one  thousand  dollars  on  the day  of ,  188 — ,  and 

the  remaining  two  thousand  dollars  on  or  before  the day  of 

,  A.  D  ,  188 — ,  together  with  legal  interest  on  the  said  sev- 
eral sums  from  the  date  hereof  until  the  same  shall  be  paid. 

The  ]3arty  of  the  first  part  further  agrees  that  the  ]3arty  of  the 
second  ]3art,  his  heirs  or  assigns,  may  forthwith,  or  at  any  time 
hereafter,  enter  u]3on  and  take  possession  of  said  land  and  cultivate 
the  same  until  such  ]3ayments  become  due  as  above  stated;  and 
that,  upon  the  full  ]3ayment  of  the  said  sum  of  four  thousand  dol- 
lars as  above  ]3r.)vided,  by  the  party  of  the  second  part,  his  heirs 
or  assigns,  the  ]3arty  of  the  first  part,  his  heirs,  executors,  adminis- 
trators or  assigns,  shall  and  will  execute,  in  due  form  of  law,  and 
deliver  to  said  \:>iivtj  of  the  second  ]3art  or  his  legal  representatives 
herein,  the  said  deed  above  mentioned. 

And  the  said  f>arty  of  the  second  part,  for  himself,  his  heirs. 


346  AGREEMENTS. 

executors,  administrators,  and  assigns,  doth  covenant  and  agree  to 
and  with  the  said  party  of  the  iirst  part,  his  heirs  and  assigns, 
that  the  said  party  of  the  second  part  will  pay  the  said  sums 
above  named  as  they  severally  become  due,  and  also  the  inter- 
est thereon,  together  with  all  taxes  and  assessments  which  may  be 
levied  and  assessed  against  said  land  above  described. 

And  it  is  further  agreed  by  the  party  of  the  second  part  that 
if  he  make  default  in  the  payment  of  any  of  said  installments  at 
the  time  they  shall  become  due  as  above  provided,  then  this 
contract  shall  become  forfeit  and  annulled,  and  the  party  of  the 
first  part,  his  heirs  and  assigns,  shall  be  at  liberty  to  enter  upon 
and  take  possession  of  said  land,-  and  to  dispose  of  the  same  to 
any  person,  as  if  this  contract  had  never  been  made. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  the  day  and  year  first  above  written. 

.         [seal.  ] 

[seal.] 


In  most  States,  except  California,  seals,  or  scroll-s  for  seals, 
would  be  required. 

A  contract  like  the  foregoing  should  be  acknowledged  by  the 
parties  to  it,  and  it  should  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  in  which  the  land  is  situated.* 


Form  of  Agreement  to  Cultivate  Lands  on  Shares. 

This  agreement  witnesseth,  that ,  of , county, 

covenants  with ,  of  the  same  place,  as  follows,  to 


wit:  That  the  said will  properly  plow,  harrow,  fit  and  pre- 
pare for  sowing,  all  that  certain  piece  of  land  lying 

[Here  deseribe  the  land  properly.] 

and  consisting  of acres,  more  or  less,  belonging  to  said 

,  and  will  sow  the  same  in  winter  wheat,  the  seed  necessary  for 

which  purpose  is  to  be  furnished  by  said ,  on  or  before  the 

day  of ,  A.  D.  188 — ,  and  that  he  will  at  the  proper  time 

cut,  thresh,  harvest  and  clean  the  same,  and  deliver  to  the  said 


at  his  warehouse,  in aforesaid,  the  one-third  part  of  the 

said  wheat  within  ten  days  after  the  same  shall  have  been  cleaned, 
and  will  carefully  stack  the  straw  on  the  said  land,   at  such  place 

thereon  as  the  said shall  require;  and  the  said , 

in  consideration  of  the  agreement  aforesaid,  promises  and  agrees 

to  and  with  the  said ,  that  ho  may  enter  in  and  upon 

the  said  land  for  the  purpose  of  tilling  and  sowing  the  same  and  of 
harvesting  the  crop,  and  have  and  enjoy  free  ingress  and  egress  for 

*  Courts  will,  however,  construe  the  instrument  as  a  mortgage,  if  failures  have 
been  made  in  the  payments. 


AGREEMENTS.  347 

the  purposes  aforesaid ;  and  that  he.  the  said ,  will  fur- 
nish to  the  said the  seed-wheat,  of  good  quality,  lieces- 

sary  to  sow  the  same  on  or  before  the day  of next,  and 

will  also  permit  the  said • to  thresh  and  clean  the  crop  of 

wheat  upon  the  land  above  described. 

In  witness  whereof,  the  parties  of  this  agreement  have  hereunto 

set  their  hands,   at    aforesaid,  this  first  dav  of  September, 

1882. 


Executed  in  duplicate 


Form  of  Agreement  for  Sale  and  Purchase  of  Vines  and 

Fruit  Trees, 

This  agreement  between  John  B.  True,  of ,  m county, 

California,  and  W.  L.  Upson,  of  Modesto,  Stanislaus  County,  State 
aforesaid,  witnesseth,  that  the  said  John  B.  True  asirees  to  sell 
and  deliver  to  the  said  W.  L.  Upson,  at  the  town  of  Modesto  afore- 
said, during  the  month  of  February  next,  one  thousand  raisin  grape 
vines,  three  hundred  grafted  apple  trees,  one  hundred  peach  trees, 
fifty  apricot  trees,  fifty  nectarine  trees,  one  hundred  pear  trees, 
fiftv  plum  ti-ees  and  one  hundred  almond  trees,  all  in  good  order 
and  condition,  for  transplanting  in  the  month  of  March  next,  for 
the  following  prices,  namely:  For  each  one  hundred  grape  vines, 
five  dollars;  for  eacli  hundred  apple  trees,  twenty  dollars;  for  each 
hundred  peach  trees,  twelve  dollars;  for  each  fifty  nectarine  trees, 
twenty  dollars;  for  each  fifty  apricot  trees,  fifteen  dollars;  for  each 
one  hundred  pear  trees,  twenty-five  dollars;  for  each  fifty  plum 
trees,  fifteen  dollars;  and  for  each  one  hundred  almond  trees, 
twenty-five  dollars;  and  the  said  W.  L.  Upson,  in  consideration  of 
the  sale  and  delivery  thereof,  agrees  to  purchase  the  aforesaid  trees 
in  the  quantities  above  named  and  at  the  prices  aforesaid,  and  to 
pay  the  said  John  B.  True  the  full  price  therefor,  in  gold  coin, 
upon  the  delivery  of  said  trees  at  Modesto  aforesaid. 

In  witness  whereof,  the  parties  to  this  agreement  have  hereunto 
Bet  their  hands,  this  seventh  day  of  December,  a.  d.1882. 

JoHJN  B.  True, 
W.  L.  Upson. 


Form  of  Contract  for  Sinking  a  Shaft  on  a  Mining  Claim, 

Well,  etc. 

This  agreement,  made  and  entered  into  this  third  day  of  January, 
1882,    between  John  Oaks   and   James   Hood,    of  Bodie,    Mono 


348  MISCELLANEOUS    FOKMS. 

County,  State  of  California,  parties  of  the  first  part,  and  Thos. 
Buckley,  J.  C.  Turner,  Wm.  Irwin  and  Geo.  H.  Winterburn,  of 
the  same  place,  parties  of  the  second  part,  witnesseth:  That  the 
parties  of  the  first  part,  for  and  in  consideration  of  the  sum  of  one 
hundred  dollars,  to  them  in  hand  paid,  and  in  farther  considera- 
tion of  the  covenants  and  agreements  herein^ifter  contained  on  the 
part  of  the  parties  of  the  second  part,  do  hereby  covenant  and 
agree  to  and  with  the  parties  of  the  second  part,  to  dig,  excavate, 
construct  and  sink,  in  a  good  and  workmanlike  manner,  a  vertical 
mining  shaft,  four  feet  in  width  and  eight  feet  in  length  in  the  clear 
inside,  and  to- a  depth  of  three  hundred  feet  from  the  surface  of  the 
ground,  in  and  upon  that  certain  mining  claim  known  as  and  called 
the  "  Eclipse  Mining  Claim,"  located  and  being  in  Bodie  Mining  Dis- 
trict, county  of  Mono,  and  State  of  California,  commencing  such 
shaft  at  such  point  on  said  mining  claim  as  a  majority  of  the  par- 
ties of  the  second  part  shall  determine,  for  and  at  the  rate  and  ])ay 
of  five  dollars  per  foot  for  each  and  every  foot  of  the  first  fifty  feet 
of  said  shaft  from  the  surface  of  said  mining  claim;  seven  and  one- 
half  dollars  per  foot  for  each  and  every  foot  of  the  second  ti^ty  feet 
thereof;  ten  dollars  per  foot  for  each  and  every  foot  of  the  third 
fifty  feet  thereof;  fifteen  dollars  per  foot  for  each  and  every  foot 
of  the  fourth  fiftv  feet  of  such  shaft,  and  twenty  dollars  per  foot  for 
each  and  every  foot  of  the  last  one  hundred  feet  thereof, 

[If  any  drifting  or  other  work  is  to  be  done  from,  in  or  about  the  shaft,  insert 
such  work  agreed  to  be  done,  and  the  agreed  price  for  the  same,  here.] 

and  to  have  the  same  complete  and  finished  of  the  capacity  and 
depth  above  stated,  and  in  a  good  and  workmanlike  manner  and 
condition,  on  or  before  the  expiration  of  five  months  from  the  date 
of  this  contract. 

In  consideration  of  the  foregoing  agreements  of  the  parties  of 
the  first  part,  and  their  performance  of  the  same,  the  parties  of  the 
second  part  do  hereby  covenant  and  agree  to  pay  to  the  said  par- 
ties of  the  first  part,  for  the  sinking  of  said  mining  shaft  as  above 
]>ro\'ided,  in  gold  coin,  as  follows,  to  wit :  The  sum  of  one  hundred 
dollars  upon  the  execution  of  this  contract,  and  when  the  first  fifty 
feet  of  said  shaft  shall  be  completed,  three  fourths  of  the  amount 
which  shall  then  be  duo  therefor;  when  the  second  fifty  feet  thereof 
shall  be  completed,  three  fourths  of  the  sum  which  shall  tlieu  be 
<hie  therefor;  when  the  third  fifty  feet  thereof  shall  be  completed, 
three  fourtlis  of  the  sum  that  shall  then  be  due  therefor;  when  the 
fourth  fitty  feet  thereof  shall  he  completed,  three  fourths  of  the 
sum  that  shall  then  be  due  therefor,  and  when  the  last  one  hundred 
feet,  to  wit,  the  whole  of  said  shaft,  as  above  provided,  shall  be 
completed  according  to  the  provisions  above  made,  the  parties  of 
the  second  ])art  agree  to  pay  to  the  parties  of  the  first  part  the 
whole  of  the  balance  then  remaining  due  and  unpaid,  according  to 
the  rates  ])er  foot  ai)ove  stipulated,  all  in  gold  coin. 

In  witness  whereof,   the  parties  to  this  contract  have  hereunto 


ASSIGNMENTS,  349 

set  their  hands  to  said  contract,  in  duplicate,  at   Bodie    aforesaid, 

this  second  daj  of  January,  a.  d.  1882. 

John  Oaks, 
James  Hood, 

Parties  of  the  first  part. 

Thos.  Buckley, 
Witnesses  :  A,  C.  Richardson,         John  C.  Tuknee, 
John  A.  Caldwell.       Wm.  Irwin, 

Geo.  H.  Wintekbtien, 

Parties  of  the  second  part. 


The  foregoing  agreements  are  intended  as  outlines  of  contracts 
only,  for  each  particular  agreement  must  have  its  own  parties, 
subject  of  contract,  dates,  etc.,  and  must  be  drawn  according  to  the 
terms  agreed  upon  between  the  parties  to  such  contract. 


Form  of  Particular  Assignments. 

For  value  received  I  hereby  sell,  assign,  transfer  and  set  over  to 
Louis  H.  Wardle,  all  my  right,  title  and  interest  in  and  to  the 
within  instrument. 

Thos.  Gracey. 

Virginia  City^  Nevada,  Jan.  3,  1880. 


Form  of  Assignment  of  a  Mortgage. 

For  and  in  consideration  of  the  sum  of  one  thousand  dollars  to 
me  in  hand  paid  by  Louis  Kramer,  the  receipt  whereof  is  hereby 
acknowledged,  I  do  hereby  sell,  assign,  transfer  and  set  over  to  the 
said  Louis  Kramer,  the  within  indenture  of  mortgage  together  with 
the  note  to  secure  the  payment  of  which  said  mortgage  was  given; 
and  I  do  hereby  authorize  the  said  Kramer,  his  heirs,  executors, 
administrators  and  assigns,  to  collect  and  obtain  payment  of  the 
same  at  his,  or  their  own,  expense  and  cost;  covenanting  with  tlie 
said  Kramer  and  his  assigns  that  there  is  now  due  and  unpaid  on 
said  note  and  mortgage  the  sum  of  eleven  hundred  dollars  in  gold 
coin;  that  I  am  the  owner  thereof  and  have  good  right  to  sell  the 
same.  * 

Robert  H.  Taylor. 

City  of  Virginia,  Storey  Gounty,  Nevada,  Jan.  2,  1882. 


Form  of  Assignment  of  a  Mortgage  as  Security. 

For  and  in  consideration  of  the  sum  of  five  hundred  dollars  to 
me  in  hand  paid  by  Daniel  H.  Fraser,  the  receipt  of  which  is 


350  MOBTGAGES. 

hereby  acknowledged,  I,  Ham  Dyer,  do  hereby  sell,  assign,  transfer 
and  set  over  to  the  said  D.  H.  Fraser  (and  as  follows  to  the  ■*  in 
the  last  assignment,  after  which,  continue  as  follows:) 

This  assignment  is  upon  the  express  condition  that,  it  the  said 
Ham  Dyer,  his  heirs,  executors,  administrators  or  assigns,  shall 
well  and  truly  pay,  or  cause  to  be  paid,  to  the  said  D.  H.  Fraser 
the  sum  of  five  hundred  dollars  in  gold  coin,  on  or  before  the  first 
day  of  June,  a.  d.  1883,  together  with  interest  thereon  at  the  rate 
of  one  per  cent,  per  month  from  the  date  thereof,  then  this  assign- 
ment shall  be  void;  but  otherwise  it  shall  be  and  remain  in  full 

force  and  effect.  i       j         j        i 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals 

at  Virginia  City,  Nevada,  this  third  day  of  January,  a.  d.   1883. 

D.  H.  Fraser, 
Ham  Dyer. 

Witnesses:  J.  C.  Currie, 

John  K.  Brown 


Form  of  Assignment  for  the  Benefit  of  Creditors. 

Know  all  men  by  these  presents,  that  we,  John  Millson  and  Wm. 
Speer,  doing  business  in  the  city  of  Virginia,  county  of  Storey  and 
State  of  Nevada,  under  the  firm  name  of  Wm.  Speer  &  Co.  for 
value  received,  do  hereby  grant,  bargain,  sell  and  convey  to  Dan 
Lyons,  of  the  same  place,  all  of  the  accounts,  debts,  dues,  notes, 
bills,  bonds  and  demands,  goods,  wares  and  merchandise,  named 
and  specified  in  the  schedule  marked  "Schedule  A,"  signed  by  our 
firm  name  and  annexed  hereto,  to  liave  and  to  hold  tlie  same,  to 
him,  the  said  Dan  Lyons  and  to  his  assigns,  in  trust  only,  and  to 
collect,  sue  for,  demand,  receive  and  recover,  all  such  sums  of 
money  as  may  be  due,  owing  and  payable  thereon;  and  to  sell  said 
goods,  wares,  and  merchandise  at  private  or  public  sale,  or  both, 
as  to  him  and  our  creditors  may  seem  best;  and,  after  paying  all 
reasonable  and  proper  costs,  charges  and  expenses  out  of  the  pro- 
ceeds thereof,  to  pay  to  each  and  all  of  our  creditors  the  full  sum 
that  may  be  due  aiid  owing  by  us  to  them,  of  which  creditors  a 
complete  list,  together  with  the  true  amount  of  our  indebtedness  to 
them  severally,  is  shown  in  the  schedule  signed  by  our  firm  name 
and  marked  "  Schedule  B,"  and  annexed  hereto;  and,  if  the  pro- 
ceeds of  said   notes,  accounts,  goods,  wares,  merchandise,  etc., 
shall  not  be  sufficient  fully  to  pay  all  and  every  of  our  said  creditors, 
then  to  pay  them  ^ro  raita  in  proportion  to  the  amount  due  and 
owing  to  each  of  them;  but  if  the  proceeds  thereof  shall  be  more 
than  sufficient  to  satisfy  and  pay  all  our  indebtedness  to  our  said 
creditors,   then    the    said    Lyons  is    to  pay  and  return  to  us  the 
balance,  if  any  should  be  left,  after  ]>aying  our  creditors  aforesaid. 
And  we  do  hereby  nominate,  constitute  and   appoint  the  said 
Dan   Lyons  our  true   and   lawful  attorney,   irrevocable  by  us  or 


ASSIGNMENTS.  351 

either  of  us,  in  the  name  of  our  said  tirra,  and  for  every  purpose 
connected  therewith;  to  ask,  demand,  sue  for,  collect, receive,  and 
recover,  iiU  and  singular,  such  sura  or  sums  of  money  as  now  are, 
or  may  hereafter  become,  due,  upon,  for,  or  on  account  of  any  of 
the  property,  effects,  choses,  or  tilings  in  action,  or  demands  above 
assigned;  giving  and  granting  unto  our  said  attorney  full  power 
and  authority  to  do  and  perform  every  act,  deed  and  thing,  requi- 
site and  necessary  in  the  premises,  as  fully  to  all  intents  and  pur- 
poses as  we,  or  either  of  us,  might  or  could  do,  if  this  assignment 
had  not  been  made;  with  full  power  of  substitution  and  revocation, 
hereby  ratifying  and  confirming  all  that  our  said  attorney  or  his 
substitute  may  lawfully  do  or  cause  to  be  done  in  the  premises  by 
virtue  thereof. 

In  witness  whereof  we  have  hereunto  set  our  hands  at  Virginia 
City  aforesaid  this  third  day  of  January,  a.  d.  1882. 

Wm.  Speer  &  Co., 
,  Comprised  of 

John  Millson, 

Witnesses:  M.  Banner,  A.  Block.  Wm.  Speer. 


Form  of  Receipts. 

(Town  or  city  and  date.) 
Received  of  John  Jones  forty  aollars,  in  full  of  all  demands  to 
date. 

Louis  P.  Waedle. 

Received  of , dollars,  on  account. 

(Date,  etc.)  ■ 

Received  of  John  Jones  sixty  dollars,  payment  in  full  for  a  bay 
horse,  sold  to  James  Thornton  on  October  7,  1882. 

C.  P.  Mason. 
Virginia,  JVev.,  Dec.  31,  1882. 

A  receipt  like  the  above  is  as  good  as  a  bill  of  sale  of  the  per- 
sonal property  described. 

Received  of  John  Jones  the  sum  of  seventy  dollars,  in  full  and 
complete  satisfaction  of  his  indebtedness  to  me  in  the  sum  of  one 
Imndred  and  thirty  dollars,  and  of  all  his  indebtedness  to  me  to 
date. 

Horace  Bliss. 

Tuscarora,  JVev.y  Jan.  2,  1883. 


Receipt  for  and  Assignment  of  Wages. 

Received  of  Wm.  Hoskins  the  sum  of  one  hundred  dollars,   in 
full  of  my  account  against  the  Ophir  Mining  Company  in  the  city 


352  AFFIDAVIT. 

of  Yirginia,  Storey  County,  Nevada,  for  my  labor  for  said  com- 
pany and  my  wages  due  and  to  become  due  therefrom  for  and 
during  the  month  of  January,  a.  d.  18S2;  and  I  do  hereby  request 
the  said  company  to  pay  the  amount  which  may  be  due  me  on  the 
next  pay  day  of  said  company,  to  wit,  on  February  3,  1882,  for  my 
labor  during  the  present  month  to  the  said  Wm.  Hoskins,  and 
charge  the  same  to  my  account. 

James  Markham. 

Virginia  City,  Nev.,  Jan.  7,  1882. 

The  mining  companies  will  not  accept  such  an  order,  but  it  is 
good  between  the  parties  thereto,  and  the  secretaries  will  generally 
take  them  on  pay-day,  and  pay  the  amount,  in  coin,  to  the  party 
from  whom  he  received  it.  A  receipt  in  the  foregoing  form  is  as 
good  an  assignment  of  wages  due  and  to  become  due  as  a  more 
formal  instrument. 


AFFIDAVIT. 

An  affidavit  is  a  written  statement,  subscribed  by  the  party 
making  it,  and  sworn  to  or  affirmed  before  the  proper  officer. 

A  deposition  is  the  testimony  of  a  witness  under  oath,  reduced 
to  writing. 


Form  of  Affidavit. 

State  of  Illinois  K^  ^i^. 

County  of  Kane.  \ 
John  Doe,  of  the  town  of  Geneva,  in  the  county  aforesaid,  being 
duly  sworn,  says  (here  state  the  facts),  and  further  says  not. 

John  Doe. 

Sworn  to  this  tenth  day  of  October, 
A.  D.  1883,  before  me, 

John  Jones, 
Commissioner  of  Deeds. 

If  the  matters  embraced  in  the  affidavit  are  not  within  the  de- 
ponent's own  knowledge,  but  have  been  communicated  to  him  by 
others  in  whose  assertion  he  places  confidence,  the  affidavit  should 
be  in  this  form: — 

State  of  Illinois  K^^  ^j^. 

County  of  Kane,  j 
John  Doe,  of  the  town  of  Geneva,  in  the  county  aforesaid,  being 
duly  sworn,  says  that  he  has  been  informed,  and  believes  it  to  be 


FOEMS.  353 

true,  that  (here  insert  what  he  has  been  informed  of),  and  further 
says  not. 

John  Doe. 

Sworn  to  this  tenth  day  of  October, 
A.  D.  1882,  before  me, 

John  Jones, 
Commissioner  of  Deeds. 


Bill  of  Sale  of  Goods. 

Know  all  men  by  these  presents,  that  I,  M  E, grocer, 

for  and  in  consideration  of  the  sura  of  four  hundred  dollars,  to  me 
in  hand  paid  by  H  N,  of  the  same  place,  at  and  before  the  sealing 
and  delivery  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged,  have  bargained,  sold,  and  delivered,  and  by  these 
presents  do  bargain,  sell  and  deliver  unto  the  said  H  N  (here  in- 
sert t!ie  particulars  of  the  goods  sold,  or,  say  "  all  the  goods,  v*^ares, 
merchandise,  chattels,  and  effects  mentioned,  and  described  in  the 
scliedule  hereunto  annexed,  and  marked  "A"),  to  have  and  to 
hold  the  said  goods  unto  the  said  H  N,  his  executors,  administra- 
tors, and  assigns,  to  his  and  their  own  proper  use  and  benefit  for- 
ever. And  I,  the  said  M  E,  for  myself  and  my  heirs,  executors, 
and  administrators,  will  warrant  and  defend  the  said  bargained 
goods  unto  the  said  H  N,  his  executors,  administrators,  and  assigns, 
from  and  against  all  persons  whomsoever. 

In  witness,  etc.  (as  in  common  bill  of  sale). 


Petition  to  the  Governor  for  Pardon. 

To  his  Excellency^  Z.  L.  Moody,  Governor  of  the  State  of  Oregon  : 

The  petition  of  the  undersigned,  citizens  of  the   United  States 
and  residents  of  Oregon,  respectfully  shows : 

That  on  the  tenth  day  of  June,  18S0,  John  Smith,  of  the  city  of 
Portland,  county  of  Multnomah,  in  said  State,  was  convicted  be- 
fore the  district  court  in  and  for  said  county  and  State,  of  the  crime 
of  manslaughter,  and  sentenced  therefor  to  imprisonment  in  the 
State's  prison,  at  Salem, — where  he  now  is, —  for  the  term  of  five 
years  ;  that  the  evidence  upon  which  he  was  convicted  was  not 
altogether  conclusive,  as  will  appear  by  the  summary  thereof  ap- 
pended hereto;  that  prior  to  being  accused  of  said  crime  the  said 
Smith  had  ever  maintained  the  reputation  of  being  a  quiet,  peace- 
able and  upright  man;  that  his  conduct  during  imprisonment  has 
been  most  exemplary — as  will  appear  from  the  letter  of  the  war- 
den filed  herewith;  that  said  Smith  has  a  family  who  urgently 
need  his  support ;  that  your  petitioners  are  of  the  opinion  that  the 
well  being  of  society  will  not  be  injured  by  his  release,  and  that 
the  ends  of  justice  have  been  sufiiciently  answered  under  the  cir- 
cumstances of  his  case : 
23 


354  MISCELLANEOUS  FORMS. 

Wherefore,  jour  petitioners  pray  for  tlie   exercise  of  executive 
clemency  in  his  hehalf. 

STATE  OF  OREGON,  COUNTY  OF  MULTNOMAH. 


PETITIONERS.  PETITIONERS. 


Petition  for  the  Appointment  of  a  Policeman. 

To  the  Mayor  and  Aldermen  of  the   city  of  ,   in  Common 

Council  assemhled : 

Gentlemen:  The  undersigned,  citizens  and  tax-payers  of 


feeling  that  life  and  property  are  yqvj  insecure  after  daric  in  por- 
tions of  this  town,  respectfully  pray  your  honorable  body  to  appoint 
a  night  policeman  to  have  supervision  of  the  streets  and   alleys 

from to streets  on   .  City  of  ,  county  of , 

State  of . 

PETFTIONERS.  PETITIONERS. 


Petition  for  a  New  Post-Oflace,  Etc. 

To  the  Postmaster- General^   Washington^  D.  C: 

The   undersigned,  your  petitioners,  respectfully   represent  that 

they  are  residents  of ,  in  the  county  of  ,  and   State   (oi- 

Territory)  of .     That  there  are  two   hundred  or   more  adult 

persons  residing  in  the  immediate  vicinity  of  said  place,  and  that 
it  is  six  miles  distant  thence  to  the  nearest  post-office;  that  a  tri- 
weekly line  of  stages,  carrying  the  United  States  mail,  now  runs 

from to ,  in  said   county,  and  within  two   miles  of  the 

center  of  residence  of  your  petitioners.  Yonv  petitioners  further 
represent  that  it  would  greatly  benefit  the  people  of  their  vicinity 
were  a  post-office  established  at  the  point  above  named  and  a  tri- 
weekly mail  connected  therewith  ;  they  therefore  respectfully  pray 
that  said  postal  route  be  so  changed  as  to  run  through  their  place 
above  named  ;  that  a  post-office  be  established  at  said  point  to  be 
called  the post-office,  and  that  said  tri-weekly  mail  be  brought 


EIGHT   OF    WAY.  355 

thereto;  and  thej  further  respectfully  recommend  the  appointment 

of  Mrs.  ,  a  widow,  as  a  discreet  and  suitable  person  to  act  as 

postmistress  in  said  new  office.     And  your  petitioners  will  ever 
pray. 

PETITIONERS.  PETITIOJTERS. 


RIGHT  OF  WAY  TO  SIDEWALK  ANT>  ROAD. 

Persons  in  motion  have  alegal  right  to  the  right  hand  side  of 
the  walk  in  whatever  direction  they  may  be  going,  in  all  public 
ways  where  people  meet;  and  they  are  legal,  and,  generally, 
unnecessarily,  trespassers  on  the  rights  of  others,  if  they  take 
the  left-hand  side  of  the  walk  in  the  direction  they  are  moving. 
Persons  are  also  entitled  on  the  sidewalk  and,  in  all  places,  to 
real  politeness  from  all  with  whom  they  are  brought  into  contact, 
and  are  themselves  under  obligations  to  treat  all  persons  with 
politeness  with  whom  they  voluntarily  bring  themselves  into 
contact.  True  politeness  consists,  in  addition  to  polished  man- 
ners and  the  exercise  of  good  sense,  in  being  as  regardful  of 
the  rights  and  wishes,  and  even  the  prejudices,  of  others,  as  you 
wish  others  to  be  regardful  of  yours.  On  the  road,  teams  have 
the  right  to  the  right-hand  side  in  the  direction  they  are  traveling, 
and  are  trespassers  if  found  on  the  left-hand  side;  and  if  injury 
results  from  their  being  there,  they  will  be  liable  for  all  damages 
which  may  directly  resijlt  from  such  injury.  Heavily  loaded  teams 
have  the  right  to  the  beaten  track  in  preference  to  lightly  loaded 
ones;  and  if  either  team  must  have  the  track,  the  lightly  loaded 
one  must ''turn  but."  Where  the  track  is  too  narrow  to  meet 
upon,  the  team  which  was  first  upon  it,  in  the  natural  order  of 
travel,  is  entitled  to  such  track  throughout  the  length  of  such  nar- 
row space;  and  persons  meeting  it  from  the  opposite  direction 
must  wait  for  it  at  a  wider  point  until  it  passes  them,  or  for  a 
reasonable  time. 


BILLS  OF  EXCHANGE. 


A  hill  of  exchange  is  a  written  request  from  one  person  to  an- 
other, desiring  him  to  pay  a  sum  of  money  to  a  third  person, 


356  BILLS   OF 

absolutely  and  at  all  events.  They  are  seldom  used  except  in 
drawing  upon  a  person  who  is  abroad  in  a  foreign  country. 

The  person  who  draws  the  bill  is  called  the  drawer;  the  person 
on  whom  it  is  drawn  is  called  the  drawee.  After  the  drawee  has 
accepted  the  bill,  he  is  called  the  acceptor. 

A  bill  or  note  drawn  payable  to  order  must  have  the  name  of 
the  person  to  whose  order  it  is  made  payable  written  on  it  before 
it  can  be  negotiated  to  a  third  person ;  and  he  whose  name  is  thus 
written  on  it  is  liable  to  pay  the  bill  or  note,  if  not  paid,  and  he 
have  due  notice  of  the  same. 

In  accepting  a  bill  of  exchange  or  draft,  write  the  word  ' '  accepted," 
together  with  the  date  when  accepted,  and  the  name  of  the  party 
or  firm  accepting,  across  the  face  or  on  the  back  of  the  bill  or 
draft. 

Acceptance  acknowledges  the  genuineness  of  the  signature  of  the 
drawer;  and  the  acceptor  would  be  liable  to  a  holder  in  good  faith, 
although  the  signature  of  the  drawer  were  a  forgery. 

When  a  bill  is  drawn  payable  so  many  days  after  sight,  it  should 
be  presented  for  acceptance  on  the  next  day  after  it  is  received. 
If  you  keep  the  bill  without  presenting  it  for  acceptance,  to  the 
injury  of  the  drawer,  you  must  bear  the  loss  yourself. 

The  drawee  of  a  bill  has  twenty-four  hours'  time  within  which 
to  make  up  his  mind  whether  he  will  accept  the  bill;  but  if  he 
refuses  to  return  it  after  the  expiration  of  that  time,  he  is  '  to  be 
considered  as  having  accepted  it. 

If  the  drawee  refuses  to  accept  a  bill  presented  for  acceptance, 
or  to  pay  a  bill  presented  for  payment,  it  should  be  immediately 
protested,  and  notice  sent  to  all  the  endorsers  on  the  bill;  other- 
wise the  endorsers  will  not  be  liable. 

Three  days  of  grace ,  as  they  are  called,  are  allowed  on  bills  of 
exchange  that  are  not  drawn  payable  at  sight;  that  is,  they  are  not 
duo  until  the  third  day  after  the  time  mentioned  in  the  bill,  ex- 
cept in  California,  where  no  days  of  grace  are  allowed.  If  the 
third  day  happens  to  fall  on  Sunday,  they  are  then  due  the  day 
before,  that  is,  on  Saturday. 

A  bill  drawn  at  sight  is  payable  on  presentation;  at  least  it  is 
advisable  to  protest  it  first]  for  non-payment,  and  then  demand 
acceptance;  and  if  acceptance  is  refused,  protest  it  also  for  non- 
acceptance. 

A  person  becoming  surety  for  a  note  or  bill  of  exchange  should 
be  notified  of  its  non-payment  in  the  same  manner  as  an  endorser. 


EXCHANGE.  367 

A  check  ought  to  be  presented  for  payment  within  twenty -fonr 
hours  of  the  time  of  receiving  it. 

If  the  drawer  of  a  check  payable  on  demand  have  no  funds  in 
the  bank  at  the  time  it  is  drawn,  it  is  a  fraud. 

The  holder  of  a  check  is  not  obliged  to  accept  part  payment 
thereof,  although  tendered  by  the  bank;  he  has  a  right  to  have  the 
whole,  and  may  decline  any  less  sum. 

If  the  drawee  of  a  bill  or  maker  of  a  note  be  out  of  the  State  or 
at  sea,  the  same  must  be  presented  at  his  usual  place  of  business, 
or  at  his  place  of  residence,  unless  some  other  place  is  specified 
therein. 

Any  material  alteration  of  a  bill  of  exchange,  drafts,  etc., — such 
as  an  alteration  in  the  date,  in  the  amount,  or  the  time  of  payment, 
— discharges  all  the  parties  thereto  who  do  not  assent  to  the  mak- 
ing of  the  alteration. 


Notice  of  Non-Payment  to  be  given  to  the  Drawer  or 
Endorser  of  a  Bill  of  Exchange. 

, ■-  -,  18-. 


Please  to  take  notice  that  a  certain  bill  of  exchange,  dated , 

for  $590,  drawn  by ,  of ,  and  by  you  endorsed,  was  this 

day  protested  for  non-payment,  and  the  holders  look  to  you  for 
the  payment  thereof.  Tours,  etc., 

To  Mr.  S.  H.  P.  L.,  JVotan/  Public. 


Protest  of  a  Bill  of  Exchange, 

United  States  of  America,  State  of ,  ss. 

On  the day  of ,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  — ,  at  the  request  of  Mr.  S.  H.,  of ,  I,  P. 

L.,  a  notary  public,  duly  commissioned  and  sworn,  dwelling  in  the 

city  of ,  did  present  the  original  bill  of  exchange,  a  copy  of 

which  is  hereunto  annexed,atthe  shop  ofMr.A.,the  acceptor  thereof, 

i-n  the  city  of ,  to  a  man  there  attending,  and  demanded  payment 

of  the  same,  which  was  refused,  the  s-aid  man  replying  that  Mr.  A. 
was  not  in,  and  he  could  not  pay  it  (or  as  the  fact  may  he);  where- 
upon I,  the  said  notary,  at  the  request  aforesaid,  did  protest, 
and  by  these  presents  do  publicly  and  solemnly  protest,  as  well 
against  the  acceptor  of  the  said  bill  of  exchange  as  against  all 
others  whom  it  doth  or  may  concern,  for  exchange,  re  exchange, 
and  all  costs,  damages,  and  interest,  already  incurred,  and  to  be 


358  BILLS   OF  EXCHANGE 

hereafter  incurred,    for   want   of   Dayment    of    the   said   bill    of 
exchange. 

This  done  and  protested  in  the  citj'  of aforesaid,  in  the 

presence  of and ,  witnesses.     In  testimoneum 

veritatis. 


[l.  s.]  Notary  Public. 


BILLS  OF  EXCHANGE  AND  BANK    CHECKS. 

Bills  of  Exchange. 

Chicago,  Deo.  17,  1882. 
$10,000., 

Ten  days  after  sight,  pay  to  the  order  of  H.  A.  G.  ten  thousand 
dollars,  and  charare  the  same  to  account  of 

J.  L.  B. 
To  Messrs.  Jones  &  Co.,  New  York  City. 


A  Set  of  Bills  of  Exchange. 

W.  F.  &  Co.  Banking  Office, 
Chicago.  III.,  Dec.  27,  1882. 
No.  1.  Ex.  for  $10,000. 

At  sight  of  this  first  of  exchange  (second  and  third  unpaid),  pay 
to  the  order  of  H.  A.  G.  ten  thousand  dollars,  value  received,  and 
charge  the  same  to  account  of 

W.  F.  &  Co. 
To  Messrs.  Johnson  &  Co.,  New  York  City. 

W.  F.  vfe  Co.  Banking  Office, 
Chicago,  III.,  Dec.  27,  1828. 
No.  2.  Ex.  for  $10,000. 

At  sight  of  this  second  of  exchange  (first  and  third  unpaid),  pay 
to  the  order  of  H.  A.  G.  ten  thousand  dollars,  value  received, 
and  charge  the  same  to  account  of 

W.  F.  &Co. 
To  Messrs.  Johnson  &  Co.,  bankers.  New  York  City. 

W.  F.  &  Co.  BanivIng  Office, 
Chicago,  III.,  Dec.  27,  1882. 
No.  3.  Ex.  for  $10,000. 

At  sight  of  this  third  of  exchange  (fin-st  and  second  unpaid),  pay 
to  the  order  of  H.  A.  G.  ten  thousand  dollars,  value  received,  and 
charge  the  same  to  account  of 

W.  F.  &  Co. 
To  Messrs.  Johnson  &  Co.,  bankers,  New  York  City. 


TENDEK. 

Bank  Check. 


359 


No.  27.  Chicago,  III.,  Jan.  4,  1883. 

W.  F.  &  Co.,  pay  to  Marshall  Field  &  Co.  five  thousand  dollars. 
$5,000.  H.   A.  G. 


Draft  or  Check. 


Dated,  Nov.  23,  1882. 

Drawn  by  Fairbanks,  Palmer  «&; 

Co. 
Drawn  upon  Henry  Villard  &  Co. 
Order  of  H.  A.  Gaston. 
Time,  30  days. 
Due,  Dec.  30,  18S2. 
Amount,  $2,000. 
No.  7. 


$2,000. 

Chicago,  A^ov.  23,  1882. 
Thirty  (30)  days*  after  date 
pay  to  the  order  of  H.  A.  Gas- 
ton, two  thousand  (2.000)  dol- 
lars, value  received,  and  charge 
the  same  to  account  of 

Fairbanks,  Paliviee  &  Co. 
To  Henry  Villard  &  Co. 


TENDER. 

A  tender,  in  law,  is  an  offer  of  the  particular  thing  agreed  to  be 
delivered,  or  an  offer  of  the  full  amount  of  money  legally  due 
from  the  debtor  to  the  creditor,  or  to  his  successor  in  interest,  at 
the  time  the  payment  or  delivery  is  tendered. 

K  a  tender  be  made,  it  must  not  be  withdrawn,  but  if  made  in 
money  it  should  be  paid  into  court,  or  to  the  clerk  of  the  court  (if 
the  court  have  a  clerk),  or  into  a  solvent  bank,  or  some  other  place 
of  solvent  deposit,  and  the  creditor  should  at  once  be  notified  of 
the  deposit  made  to  his  conditional  credit. 

If  the  tender  be  of  other  matter  than  money,  it  should  be  left  (if 
not  accepted),  with  some  responsible  third  party  or  held  for  the 
benefit  of  the  creditor,  who  should  be  notified  of  the  fact  by  one 
or  more  legal  witnesses. 

If  the  tender  be  of  the  thing,  or  of  money  equal  to  the  full 
amount  due  the  creditor  or  at  the  time  it  was  made,  either  in  money 
or  kind,  all  costs  which  may  accrue  thereafter  will  be  at  the 
expense  of  the  creditor  refusing  the  tender.  Tendering  an  amount 
greater  than  the  amount  legally  due  includes  the  amount  legally 
due,  and  is  a  valid  tender  in  law.  The  creditor  may  accept  the 
greater  amount,  and  return  the  excess  if  he  pleases  so  to  do. 


360  LAW    OF 

GENERAIi  RUIjES  OF  LAW  BBLATING  TO  AGREE- 
MENTS AKTD  CONTRACTS. 

1.  All  agreements  must  show  that  they  are  made  for  a  valuable 
consideration,  or  they  will  be  held  void. 

2.  In  drawing;  an  ao;reement,  great  care  should  be  taken  to  state 
in  it  fully  the  exact  thing  which  each  party  agrees  to  perform,  and 
that  nothing  he  left  to  he  inferred;  for  it  is  a  rule  of  law  that  'rio 
oral  testimony  can  contradiGt  the  terms  of  a  written  contract,  un- 
less fraud  can  be  shown  on  the  part. of  one  of  the  parties  to  the 
contract  in  obtaining  it.      "  Fraud  vitiates  every  contract." 

3.  Where  the  promise  of  one  party  is  the  consideration  of  the 
promise  of  the  other,  the  agreement  is  valid. 

4.  An  agreement  without  any  consideration  for  it  is  void  be- 
tween the  parties  to  it;  but  if  made  in  writing  and  held  by  an 
innocent  party  who  paid  a  valuable  consideration  for  it,  it  would 
be  enforced. 

5.  If  contracts  can  be  understood,  they  will  be  enforced  how- 
ever in  artistically  they  may  be  drawn. 

6.  A  contract  can  not  be  rescinded  except  by  consent  of  both 
parties  to  it. 

7.  Contracts  written  in  pencil  are  binding,  but  are  very  unsafe 
from  their  liability  to  erasure.     It  is  better  to  use  ink. 

8.  Where  contracts  are  for  a  term  longer  than  a  year,  they 
should  be  in  writing. 

9.  Each  party  to  a  contract  should  have  and  preserve  an  exact 
copy  of  it. 

10.  Erasures  and  interlineations  in  the  body  of  a  contract  should 
be  specified  in  the  margin  or  at  the  bottom  as  having  been  made 
before  the  contract  was  signed. 

11.  Where  parties  fail  to  perform  their  agreements,  the  measure 
of  damages  will  be  commensurate  with  the  injury  sustained  by  the 
innocent  party;  for  instance,  for  failure  on  a  valid  covenant  to 
convey  real  estate,  the  measure  of  damages  is  the  purchase  money 
paid,  with  interest  thereon. 

12.  Where  a  party  fails  to  deliver  property  at  the  time  and 
place  named  in  the  contract,  the  measure  of  damages  is  the  value 
of  such  property  at  the  time  and  place  named;  and  on  all  contracts 
for  the  delivery  of  goods  on  demand,  the  measure  of  damages  is 
the  value  of  the  <>oorls  at  the  time  of  the  demand. 

14.   The    measure  of  damages   for  tiie  loss  of  goods  by  commoa 


C0NTKACT8.  361 

carriers  is  the  value  of  the  goods  at  tlie  place  where  thej  were  to 
be  delivered,  less  the  freight  on  such  goods. 

15.  Where  no  actual  loss  has  been  sustained  by  the  breach  of  a 
contract,  a  party  is  entitled  to  nominal  damages  only. 

All  agreements  are  null  and  void  at  the  end  of  one  year  from 
their  date,  unless  the  contract,  or  some  memorandum  thereof,  stat- 
ing the  consideration,  be  in  writing^  and  signed  by  the  parties  by 
whom  the  agreement  is  made. 

All  leases  expire  at  the  end  of  one  year,  unless  there  is  a  written 
agreement  stating  the  consideration  for  a  longer  period. 

All  agreements  expire  at  the  end  of  one  year,  unless  they  ex- 
plicitly state  that  they  are  for  a  longer  period. 

Signatures  signed  with  a  lead  pencil,  or  by  making  a  mark  if  the 
parties  making  them  cannot  write,  if  done  in  the  presence  of  one 
or  more  witnesses,  are  good  in  law.  But  when  a  pen  can  be  had, 
it  should  be  used  in  preference,  to  obviate  the  possibility  of  legal 
quibbling. 

Agreements  which  fail  to  show  that  they  were  made  for  a  con- 
sideration— that  is,  without  a  fair  or  reasonable  sum  of  money  or 
property  to  the  value  of  money — are  void  in  law. 

Every  agreement  should  distinctly  specify  the  time  within 
which,  or  at  the  end  of  which,  its  conditions  shall  be  complied 
with. 

Every  instrument  is  better  in  law  with  a  seal  than  without  one, 
except  in  the  State  of  California,  where  seals  to  private  instru- 
ments are  abolished. 


CHAPTER  XV. 

OF  PATENT  RIGHTS. 

As  Americans  are  an  inventive  people,  and  have  an  acute  taste 
for  mechanical  contrivances  and  labor-saving  machines;  and  as  the 
Government  fosters  this  noble  and  elevating  genius  of  the  people 
by  giving  to  the  original  discoverer  and  maker  of  any  new  and 
useful  machine  or  device,  the  exclusive  right  of  its  manufacture, 
use  and  control  for  a  period  of  seventeen  years  from  the  date  of  let- 
ters patent  issued  for  his  invention,  the  author  and  compiler  of 
this  work  has  thought  it  for  the  interest  of  all  persons,  and  par- 
ticularly that  most  useful  class  of  American  citizens  known  as 
"  inventors,"  to  absorb  very  liberally  into  the  work  matter  from 
the  latest  revision  of  the  Rules  of  Practice  in  the  United  States 
Patent  Office,  with  the  forms  supplemental  thereto  by  the  Com- 
missioner of  Patents,  which  rules  and  forms  show  to  inventors 
what  irvust  he  done  in  order  to  secure  letters  patent  for  inventions^ 
composition  of  matter^  designs,  etc.,  and  all  matters  for  which  let- 
ters-patent may  be  granted.  He  therefore  presents  the  following 
from  the  latest  revision  of  the 


RULES  OF  PRACTICE  IN  THE  UNITED  STATES 
PATENT  OFFICE. 

[revised,  1882.] 

•    Correspondence. 

All  business  with  the  office  should  be  transacted  in  writing. 

All  office  letters  must  be  sent  in  the  name  of  the  "Commis- 
sioner of  Patents."  All  letters  and  other  communications  in- 
tended for  the  office  must  be  addressed  to  him. 

Express  charges,  freight,  postage,  and  all  other  charges  on  mat- 
ter sent  to  the  patent  office  must  be  prepaid  in  full;  oth^'wise  it 
Vill  not  bo  received. 

The  personal  attendance  of  applicants  at  the  patent  office  is  un- 
¥  Bcessary.     Their  business  can  be  transacted  by  correspondence. 

The  assignee  of  the  entire  interest  of  an  invention  is  entitled  to 


RIGHTS.  363 

hold  correspondence  with  the  office  to  the  exclusion  of  the  in- 
ventor. 

Where  there  has  been  an  assia^nment  of  an  undivided  part  of  an 
invention,  the  inventor  and  the  assignee  will  both  be  recognized  as 
the  proper  parties  to  hold  correspondence  with  the  office,  and  all 
amendments  and  other  actions  in  such  cases  must  be  signed  by 
both  parties. 

When  an  attorney  shall  have  filed  his  power  of  attorney,  duly 
executed,  the  correspondence  will  be  held  with  him. 

A  separate  letter  should  in  every  case  be  written  in  relation  to 
each  distinct  subject  of  inquiry  or  application.  Assignments  for 
record,  final  fees  and  orders  for  copies  or  abstracts  must  be  sent  to 
the  office  in  separate  letters. 

When  a  letter  concerns  an  application,  it  should  state  the  name  of 
the  applicant,  the  title  of  the  invention,  the  serial  number  of  the 
application  and  the  date  of  filing  the  same. 

When  the  latter  concerns  a  patent,  it  should  state  the  name  of 
the  patentee,  the  title  of  the  invention,  and  the  number  and  date 
of  the  -oatent. 

Information  to  Correspondents. 

Of  the  propriety  of  making  an  application  for  a  patent,  the  in- 
ventor must  judge  for  himself. 

Caveats  and  pending  applications  are  preserved  in  secrecy.  No 
information  will  be  given,  without  authority,  respecting  the  filing 
by  any  particular  person  of  a  caveat,  or  of  an  application  for  a  pat- 
ent, or  for  the  reissue  of  a  patent. 

After  a  patent  has  issued,  the  model,  specification,  drawings, 
and  all  documents  relating  to  the  case  are  subject  to  general  in- 
spection. 

Attorneys. 

Any  person  of  intelligence  and  good  moral  character  may  ap- 
pear as  the  agent  or  the  attorney  in  fact  of  an  applicant,  upon 
filing  a  proper  power  of  attorney.  As  the  value  of  patents  de- 
pends largely  upon  the  careful  preparation  of  the  specifications 
and  claims,  the  assistance  of  competent  counsel  will,  in  most 
cases,  be  of  advantage  to  the  applicant;  but  the  value  of  their  ser- 
vices will  be  proportionate  to  their  skill  and  honesty,  and  too  much 
care  cannot  be  exercised  in  their  selection.  The  office  cannot  as- 
sume responsibility  for  the  acts  of  attorneys,  nor  can  it  assist  ap- 
plicants in  making  selections.     It  will,    however,    be  unsafe   to 


364  PATENT 

trust  those  who  pretend  to  the  possession  of  superior  facilities  or 
capacity  and  diligence  for  procuring  patents  in  a  shorter  time  or 

with  broader  claims  than  others. 

Before  any  attorney,  original  or  associate,  will  be  allowed  to  in- 
spect papers  or  take  action  of  any  kind  his  power  of  attorney  must 
be  filed.  No  power  of  attorney  purporting  to  have  been  given  to 
a  firm  or  copartnership  will  be  recognized,  either  in  favor  of  the 
firm  or  of  any  of  its  members,  unless  all  its  members  shall  be  named 
in  such  power  of  attorney. 

Who  May  Obtain  a  Patent. 

A  patent  may  be  obtained  by  any  person  who  has  invented  or 
discovered  any  new  and  useful  art,  machine,  manufacture,  or  com- 
position of  matter,  or  any  new  and  useful  improvement  thereof, 
not  known  or  used  by  others  in  this  country,  and  not  patented  or 
described  in  any  printed  publication  in  this  or  any  foreign  country, 
before  his  invention  or  discovery  thereof,  and  not  in  public  use  or 
on  sale  for  more  than  two  years  prior  to  his  application,  unless  the 
same  is  proved  to  have  been  abandoned ;  and  by  any  person  who 
by  his  own  industry,  genius,  efforts,  and  expense,  has  invented 
and  produced  any  new  and  original  design  for  a  manufacture,  bust, 
statue,  alto-relievo,  or  bas-relief;  any  new  and  original  design  for 
the  printing  of  woolen,  silk,  cotton,  or  other  fabrics;  any  new  and 
original  impression,  ornament,  pattern,  print,  or  picture  to  be 
printed,  painted,  cast,  or  otherwise  placed  on  or  worked  into  any 
article  of  manufacture;  or  any  new,  useful,  and  original  shape  or 
configuration  of  any  article  of  manufacture,  the  same  not  having 
been  known  nor  used  by  others  before  his  invention  or  production 
thereof,  nor  patented  nor  described  in  any  printed  publication, 
upon  payment  of  the  fees  required  by  law  and  other  due  proceed- 
ings had. 

In  case  of  the  death  of  the  inventor,  the  application  may  be 
made  by,  and  the  patent  will  issue  to,  his  executoror  administra- 
tor. In  such  case  the  oath  will  be  made  by  the  excecutor  or 
administrator. 

In  case  of  an  assignment  of  the  whole  interest  in  the  inven- 
tion or  of  the  whole  interest  in  the  patent  to  be  granted, 
the  patent  will,  upon  request  of  the  applicant  or  assignee, 
issue  to  tiie  assignee;  and  if  the  assignee  hold  an  undivided 
part  interest,  the  patent  will,  upon  like  request,  issue  jointly  to 
the  inventor  and  the  assignee;  but  the  assignment  in  either  case 


RIGHTS.  365 

must  first  have  been  entered  of  record,  and  at  a  day  not  later  than 
the  date  of  the  payment  of  the  final  fee.  The  application  and  oath 
must  be  made  by  the  actual  inventor,  if  alive,  even  if  the  patent  is 
to  issue  to  an  assignee.  If  the  inventor  be  dead  it  may  be  made  by 
the  executor  or  administrator,  or  by  the  assignee  of  the  entire  in- 
terest. 

If  it  appear  that  the  inventor,  at  the  time  of  making  his  applica- 
tion, believed  himself  to  be  the  first  inventor  or  discoverer,  a  patent 
will  not  be  refused  on  account  of  the  invention  or  discovery,  or 
any  part  thereof,  having  been  known  or  used  in  any  foreign 
country  before  his  invention  or  discovery  thereof,  if  it  had  not 
been  before  patented  or  described  in  any  printed  publication. 

Joint  inventors  are  entitled  to  a  joint  patent;  neither  can  claim 
one  separately.  Independent  inventors  of  distinct  and  independent 
imporvements  in  the  same  machine  cannot  obtain  a  joint  patent 
for  their  separate  inventions;  nor  does  the  fact  that  one  furnishes 
the  capital  and  another  makes  the  invention  entitle  them  to  make 
application  as  joint  inventors;  but  in  such  case  they  may  become 
joint  patentees,  upon  the  conditions. 

The  receipt  of  letters  patent  from  a  foreign  government  will  not 
prevent  the  inventor  from  obtaining  a  patent  in  the  United  States 
unless  the  invention  shall  have  been  introduced  into  public  use  in 
the  United  States  more  than  two  years  prior  to  the  application. 
But  every  patent  granted  for  an  invention  which  has  been  pre- 
viously patented  by  the  same  inventor  in  a  foreign  country  will  be 
80  limited  as  to  expire  at  the  same  time  with  the  foreign  patent, 
or,  if  there  be  more  than  one,  at  the  same  time  with  the  one  hav- 
ing the  shortest  unexpired  term;  but  in  no  case  will  it  be  in  force 
more  than  seventeen  years. 

The  Application 

Applications  for  letters  patent  of  the  United  States  must  be 
made  to  the  Commissioner  of  Patents,  A  complete  application 
comprises  the  petition,  specification,  oath,  and  drawings,  and  the 
model  or  specimen  when  required  and  first  fee  of  $15.  The 
petition,  specification  and  oath  must  be  written  in  the  English 
language. 

No  application  for  a  patent  will  be  placed  upon  the  files  for 
examination  until  all  its  parts,  except  the  model  or  specimen,  are 
received.  Every  application  signed  or  sworn  to  in  blank,  or  with- 
out actual  inspection  of  the  petition  and  specification,  or  altered  or 


366  PATENT 

partly  filled  up  after  being  signed  or  sworn  to,  will,  upon  the  dis- 
covery of  such  irregularity,  at  any  time  before  the  delivery  of  the 
patent,  be  stricken  from  the  files.  The  completed  applications  of 
each  year  will  be  numbered  in  regular  order,  the  annual  series 
commencing  on  the  1st  of  January,  1880.  The  applicant  will  be 
promptly  informed  of  the  serial  number  of  his  completed  applica- 
tion. The  application  must  be  completed  and  prepared  for  exam- 
ination within  two  years  after  the  filing  of  the  petition;  and  in 
default  thereof,  or  upon  failure  of  the  applicant  to  prosecute  the 
same  within  two  years  after  any  action  thereon,  of  which  notice 
shall  have  been  duly  mailed  to  him  or  his  agent,  it  will  be  regarded 
as"  abandoned,  unless  it  shall  be  shown,  to  the  satisfaction  of  the 
Commissioner,    that   such   delay   was   unavoidable. 

It  is  desirable  that  all  parts  of  the  complete  application  should 
be  deposited  in  the  office  at  the  same  time,  and  that  all  the  papers 
embraced  in  the  application  should  be  attached  together;  otherwise 
a  letter  must  accompany  each  part,  accurately  and  clearly  con- 
necting it  with  the  other  parts  of  the  application. 

The  Petition. 

The  petition  is  a  communication  duly  signed  by  the  applicant  and 
addressed  to  the  Commissioner  of  Patents,  stating  the  name  and 
residence  of  the  petitioner,  and  requesting  the  grant  of  a  patent  for 
the  invention  therein  designated  by  name,  with  a  reference  to  the 
specification  for  a  full  disclosure  thereof. 

The  Specification. 

The  specification  is  a  written  description  of  the  invention  or 
discovery,  and  of  the  manner  and  process  of  making,  constructing, 
compounding,  and  using  the  same,  and  is  required  to  be  in  such 
full,  clear,  concise,  and  exact  terms  as  to  enable  any  person 
skilled  in  the  art  or  science  to  which  it  appertains,  or  with  which 
it  is  most  nearly  connected,  to  make,  construct,  compound  and 
use  the  same.  It  must  conclude  with  a  specific  and  distinct  claim 
or  claims  of  the  part,  improvement,  or  combination  which  the  ap- 
plicant regards  as  his  invention  or  discovery. 

The  following  order  of  arrangement  should  be  observed  when 
convenient  in  framing  the  specification,  such  portions  as  refer  to 
drawings  being  omitted  when  the  invention  does  not  admit  of  reu- 
resentations  by  drawings  : 

(1.)  Preamble,  giving  the  name  and  residence  of  the  applicant, 
and  the   title  of  the  invention. 


BIGHTS.  367 

(2.)  General  statement  of  the  object  and  nature  of  the  in- 
vention. 

(3.)  Brief  description  of  the  drawings,  showing  what  each 
view  represents. 

(4.)  Detailed  description,  explaining  fully  the  alleged  inven- 
tion, and  the  manner  of  constructing,  practicing,  operating,  and 
using  it. 

(5.)  Claim  or  claims. 

(6.)  Signature  of  inventor. 

(7.)  Signatures  of  two  witnesses. 

The  detailed  description  above  referred  to  must  set  forth  the 
precise  invention  for  which  a  patent  is  claimed,  explaining  the 
principle  thereof  and  the  best  mode  in  which  the  applicant  has  con- 
templated applying  that  principle,  so  as  to  distinguish  it  from 
other  inventions. 

Where  there  are  drawings  the  description  will  refer  by  figures 
to  the  different  views,  and  by  letters  or  figures  to  the  difierent 
parts. 

In  applications  for  patents  upon  mere  improvements,  the  spec- 
ification must  particularly  point  out  the  parts  to  which  the  improve- 
ment relates,  and  must  by  explicit  language  distinguish  between 
what  is  old  and  what  is  claimed  as  the  improvement  ;  and  in 
such  cases  the  description  and  the  drawings,  as  well  as  the  claims, 
should  be  confined  to  the  specific  improvements  and  such  parts 
as  necessarily  co-operate  with  them. 

In  every  original  application  the  applicant  must  distinctly  state, 
under  oath,  whether  the  invention  has  been  patented  to  himself 
or  to  others  with  his  consent  or  knowledge  in  any  country,  and  if 
it  has  been,  the  country  or  countries  in  which  it  has  been  so  pat- 
ented, giving  the  date  and  number  of  each  patent,  and  that  it  has 
not  been  patented  in  any  other  country  or  countries  than  those 
mentioned,  and  that,  according  to  his  knowledge  and  belief,  the 
same  has  not  been  in  public  use  in  the  United  States  for  more  than 
two  years  prior  to  the  application  in  this  country. 

Tw(3  or  more  independent  inventions  cannot  be  claimed  in  one 
application ;  but  where  several  distinct  inventions  are  dependent 
upon  each  other  and  mutually  contribute  to  produce  a  single  result, 
they  may  be  claimed  in  one  apj)lication. 

If  several  inventions,  claimed  in  a  single  application,  shall  be 
found  to  be  of  such  a  nature  that  a  single  patent  may  not  be  issued 
to  cover  them,  the  inventor  will  be  required  to  limit  the  descrip- 


368  PATENT 

tion  and  claim  of  tlie  pending  application  to  whichever  invention 
he  may  elect ;  the  other  inventions  may  be  made  the  subjects  of 
separate  applications,  which  must  conform  to  the  rules  applicable 
to  original  applications.  If  the  independence  of  the  inventions 
be  clear,  such  limitation  will  be  made  before  any  action  upon  the 
merits;  otherwiso  it  may  be  made  at  any  time  before  linal  action 
thereon,  in  the  discretion  of  the  examiner. 

When  an  applicant  makes  two  or  more  applications  relating 
to  the  same  subject-matter  of  invention,  all  showing,  but  only  one 
claiming,  the  same  thing,  those  not  claiming  it  must  contain 
disclaimers  thereof,  with  references  to  the  application  claiming  it. 

The  specification  must  be  signed  by  the  inventor  or  by  his 
executor  or  administrator ,  and  the  signature  must  be  attested  by 
two  witnesses.  Full  names  must  be  given,  and  all  names,  whether 
of  applicants  or  witnesses,  must  be  legibly  written. 

The  specification  and  claims  and  all  amendments  must  be  written 
in  a  fair,  legible  hand,  on  but  one  side  of  the  paper,  otherwise  the 
office  may  require  them  to  be  printed  ;  and  all  interlineations  and 
erasures  must  be  clearly  marked  in  marginal  or  foot-notes  written 
on  the  same  sheet  of  paper.  Legal-cap  paper  with  the  lines  num- 
bered is  deemed  preferable,  and  a  wide  margin  must  always  be 
reserved  upon  the  left-hand  side  of  the  page,  both  of  the  specifica- 
tion and  of  the  amendments. 

The  Oath. 

The  applicant,  if  the  inventor,  must  make  oath  or  affirmation 
that  he  does  verily  believe  himself  to  be  the  original  and  first 
inventor  or  discvoerer  of  the  art,  machine,  manufacture,  composi- 
tion or  improvement  for  which  he  solicits  a  patent,  and  that  he 
does  not  know  and  does  not  believe  that  the  same  was  ever  before 
known  or  used;  and  shall  state  of  what  country  he  is  a  citizen,  and 
where  he  resides.  An  applicant  for  reissue  must  also,  on  his  oath, 
state  that  he  verily  believes  the  original  patent  to  be  inoperative 
or  invalid,  either  by  reason  of  a  defective  or  insufficient  specifi- 
cation or  by  reason  of  the  patentee  claiming  as  his  own  invention- 
or  discovery  more  than  he  had  a  right  to  claim  is  new,  and  that 
the  error  arose  by  inadvertence,  accident  or  mistake,  and  without 
any  fraudulent  or  deceptive  intention. 

If  the  ajiplication  be  made  by  an  executor  or  administrator,  the 
form  of  the  oath  will  be  correspondingly  changed.  The  oath  or 
affirmation  mav  be  made  before  any  person  within  the   United 


RIGHTS.  369 

States  authorized  by  law  to  administer  oaths,  or,  when  the  appli- 
cant resides  in  a  foreign  country,  before  any  minister,  charge 
d'affairs^  consul,  or  commercial  agent  holding  commission  under 
the  Government  of  the  United  States,  or  before  any  notary  public 
of  the  foreign  country  in  which  the  applicant  may  be,  the  oath 
being  attested  in  all  cases,  in  this  and  other  countries,  by  the 
proper  official  seal  of  the  officer  before  whom  the  oath  or  affirma- 
tion is  made.  When  the  person  before  whom  the  oath  or  affirma- 
tion is  made  is  not  provided  with  a  seal  his  official  cluiracter  shall 
be  established  by  competent  evidence,  as  by  a  certificate  from  a 
clerk  of  a  court  of  record  or  other  proper  officer  having  a  seal.* 

In  case  the  applicant  seeks  by  amendment  to  introduce  any 
claim  not  substantially  embraced  in  the  statement  or  invention  or 
claim  originally  presented  and  therefore  not  covered  by  the  origi- 
nal oath,  he  will  be  required  to  file  a  supplemental  oath  to  the 
efiect  that  the  subject-matter  of  the  proposed  amendment  was  part 
of  his  invention  and  was  invented  before  he  filed  his  original 
application;  and  such  supplemental  oath  must  be  upon  the  ^ame 
paper  which  contains  the  proposed  amendment. 

The  Dra^wings. 

The  applicant  for  a  patent  is  required  by  law  to  furnish  a  draw- 
ing of  his  invention  where  the  nature  of  the  case  admits  of  it. 

The  drawing  must  be  signed  by  the  inventor  or  by  his  attorney 
m  fact,  and  attested  by  two  witnesses,  and  must  show  every  feature 
of  the  invention  covered  by  the  claims,  and  when  the  invention 
consists  of  an  improvement  on  an  old  machine,  it  must  exhibit,^in 
one  or  more  views,  the  invention  itself,  disconnected  from  the  old 
structure,  and  also,  in  another  view,  so  much  only  of  the  old 
structure  as  will  suffice  to  show  the  connection  of  the  invention 
therewith. 

Three  several  editions  of  patent-drawings  are  printed  and  pub- 
lished: pne  for  office  use,  certified  copies,  etc.,  of  the  size  and  char- 
acter of  those  attached  to  patents,  the  work  being  about  6  by  9^ 
inches;  one  reduced  to  half  that  scale,  or  one  fourth  the  surface, 
of  which  four  will  be  printed  on  a  page  to  illustrate  the  volumes 
distributed  to  the  courts;  and  one  reduction — to  about  the  same 
scale — of  a  selected  portion  of  each  drawing  to  illustrate  the  Offi- 
cial Gazette. 

*  A  certificate  of  the  oflacial  character  of  a  magistrate,  stating  date  of  appoint- 
ment and  term  of  office,  may  be  filed  in  the  patent  office,  which  will  obviate  the 
necessity  of  separate  certificates  in  individual  cases. 
24 


370  PATENT 

This  work  will  all  be  done  bj  the  photolithographic  or  other 
analagous  process,  and  therefore  the  character  of  each  original 
drawing  must  be  brought  as  nearly  as  possible  to  a  uniform  stand- 
ard of  excellence,  suited  to  the  requirements  of  the  process,  and 
calculated  to  give  the  best  results,  in  the  interests  of  inventors,  of 
the  office,  and  of  the  public  generally.  The  following  rules  will 
therefore  be  rigidly  enforced,  and  any  departure  from  them  will  be 
certain  to  cause  delay  in  the  examination  of  an  application  for 
letters  patent: 

(1.)  Drawings  must  be  made  upon  pure  white  paper  of  a  thick- 
ness corresponding  to  three-sheet  Bristol-board.  The  surface  of 
the  paper  must  be  calendered  and  smooth.  India  ink  alone  must 
be  used,  to  secure  perfectly  black  and  solid  lines. 

(2.)  The  size  of  a  sheet  on  which  a  drawing  is  made  must  be 
exactly  10  by  15  inches.  One  inch  from  its  edges  a  single  marginal 
line  is  to  be  drawn,  leaving  the  "  sight "  precisely  8  by  13  inches. 
Within  this  margin  all  work  and  signatures  must  be  included.  One 
of  the  shorter  sides  of  the  sheet  is  regarded  as  its  top,  and,  meas- 
uring downward  from  the  marginal  line,  a  space  of  not  less  than 
1^  inch  is  to  be  left  blank  for  the  heading  of  title,  name,  number, 
and  date. 

(3.)  All  drawings  must  be  made  with  the  pen  only.  Every  line 
and  letter  (signatures  included)  must  be  absolutely  black.  This 
direction  applies  to  all  lines,  however  fine,  to  shading,  and  to  lines 
representing  cut  surfaces  in  sectional  views.  All  lines  must  be 
clean,  sharp,  and  solid,  and  they  must  not  be  too  fine  or  crowded. 
Surface  shading,  when  used,  should  be  open.  Sectional  shading 
should  be  made  by  oblique  parallel  lines,  which  may  be  about  one 
twentieth  of  an  inch  apart. 

(4.)  Drawings  should  be  made  with  the  fewest  lines  possible 
consistent  with  clearness.  By  the  observance  of  this  rule  the  ef- 
fectiveness of  the  work  after  reduction  will  be  much  increased. 
Shading  (except  on  sectional  views)  should  be  used  only  on  convex 
and  concave  surfaces,  where  it  should  be  used  sparingly,  and  may 
even  there  be  dispensed  with  if  the  drawing  is  otherwise  well  exe- 
cuted. The  plane  upon  which  a  sectional  view  is  taken  should  bo 
indicated  on  the  general  view  by  a  broken  or  dotted  line.  Heavy 
lines  on  the  shade  sides  of  objects  should  be  used,  except  where 
they  tend  to  thicken  the  work  and  obscure  letters  of  reference. 
The  light  is  always   supposed  to  come  from  the   upper  left-hand 


RIGHTS.  371 

corner,  at  an  angle  of  forty-five  degrees.       Imitations  of  wood  or 
surface-graining  should  not  be  attempted. 

(5.)  The  scale  to  which  a  drawing  is  made  ought  to  be  large 
enough  to  show  the  mechanism  without  crowding,  and  two  or 
more  sheets  should  be  used  if  one  does  not  give  sufficient  room  to 
accomplish  this  end;  but  the  number  of  sheets  must  never  be  in- 
creased unless  it  is  absolutely  necessary. 

(6.)  Letters  and  figures  of  reference  must  be  carefully  formed. 
They  should,  if  possible,  measure  at  least  one  eighth  of  an  inch 
in  height,  so  that  they  may  bear  reduction  to  one  twenty-fourth  of 
an  inch;  and  they  may  be  much  larger  when  there  is  sufficient 
room.  They  must  be  so  placed  in  the  close  and  complex  parts  of 
drawings  as  not  to  interfere  with  a  thorough  comprehension  of  the 
same,  and  therefore  should  rarely  cross  or  mingle  with  the  lines. 
When  necessarily  grouped  around  a  certain  part,  they  should  be 
placed  at  a  little  distance,  where  there  is  av^ailable  space,  and  con- 
nected by  short  broken  lines  with  the  parts  to  which  they  refer. 
They  must  never  appear  upon  shaded  surfaces,  and,  when  it  is 
difficult  to  avoid  this,  a  blank  space  must  be  left  in  the  shading 
where  the  letter  occurs,  so  that  it  shall  appear  perfectly  distinct 
and  separate  from  the  work.  If  the  same  part  of  an  invention 
appear  in  more  than  one  view  of  the  drawing  it  must  always  be 
represented  by  the  same  character,  and  the  same  character  must 
never  be  used  to  designate  difierent  parts. 

(7.)  The  signature  of  the  inventor  is  to  be  placed  at  the  lower 
right-hand  corner  of  the  sheet,  and  the  signatures  of  the  witnesses 
at  the  lower  left-hand  corner,  all  within  the  marginal  line.  The 
title  is  to  be  wi'itten  with  pencil  on  the  back  of  the  sheet.  The 
permanent  natnes  and  title  will  be  supplied  subsequently  by  the 
office  in  uniform  style. 

When  views  are  longer  than  the  width  of  the  sheet,  the  sheet 
is  to  be  turned  on  its  side,  and  the  heading  will  be  placed  at  the 
right,  and  the  signatures  at  the  left,  occupying  the  same  space  and 
position  as  in  the  upright  views,  and  being  horizontal  when  the 
sheet  is  held  in  an  upright  position;  and  all  views  on  the  same 
sheet  must  stand  in  the  same  direction. 

(8.)  As  a  rule,  one  view  only  of  each  invention  can  be  shown  in 
the  Gazette  illustrations.  The  selection  of  that  portion  of  a  draw- 
ing best  calculated  to  explain  the  nature  of  the  specific  improve- 
ment would  be  facilitated,  and  the  final  result  improved,  by  the 
judicious  execution  of  a  figure  with  express    reference  to  the  Ga- 


;)72  PATENT 

zettc,  but  which  might,  at  the  same  time,  serve  as  one  of  the  fig- 
ures referred  to  in  the  specification.  For  this  purpose,  the  figure 
may  be  a  plan,  elevation,  section,  or  perspective  view,  according 
to  the  judgment  of  the  draftsman.  It  must  not  cover  a  space  ex- 
ceeding sixteen  square  inches.  All  its  parts  should  be  especially 
open  and  distinct,  with  very  little  or  no  shading,  and  it  must  illus- 
trate the  invention  claimed  only,  to  the  exclusion  of  all  other  de- 
tails. When  well  executed,  it  will  be  used  without  curtailment 
or  change;  but  any  excessive  fineness,  or  crowding,  or  unnecessary 
elaborateness  of  detail,  will  necessitate  its  exclusion  from  the 
Gazette. 

(9.)  Drawings  should  be  rolled  for  transmission  to  the  office, 
not  folded.  No  agent's  or  attorney's  stamp,  or  advertisement,  or 
written  address,  will  be  permitted  upon  the  face  of  a  drawing 
within  or  without  the  marginal  line. 

All  reissue  applications  must  be  accompanied  by  new  drawings, 
of  the  character  required  in  original  applications,  and  the  inventor's 
name  must  appear  upon  the  same  in  all  cases  of  patents  granted  or 
assigned  since  July  8,  1870;  and  such  drawings,  if  the  original 
application  was  filed  after  July  8,  1870,  shall  be  made  upon  the 
same  scale  as  the  original  drawing  or  upon  a  larger  scale,  unless  a 
reduction  of  scale  shall  be  authorized  by  the  Commissioner. 

The  foregoing  rules  relating  to  drawings  will  be  rigidly  enforced; 
and  every  drawing  not  artistically  executed  in  conformity  there- 
with will  be  returned  to  the  applicant ;  or,  at  the  applicant's  option 
and  cost,  the  ofiice  will  make  the  necessary  corrections. 

Applicants  are  advised  to  employ  competent  artists  to  make  their 
drawings.  The  office  will  furnish  the  drawings  at  cost,  as  promptly 
as  its  draughtsmen  can  make  them,  for  applicants  who  cannot 
otherwise  conveniently  procure  them. 

The  Model. 

Preliminary  examinations  will  not  be  made  for  the  purpose  of 
determining  whether  models  are  required  in  particular  cases. 
Applications  complete  in  all  other  respects  will  be  sent  to  the 
examining  divisions,  whether  models  are  or  are  not  furnished.  A 
model  will  not  be  required  or  admitted  as  a  part  of  the  application 
until,  on  examination  of  the  case  in  its  regular  order,  the  primary 
examiner  shall  find  it  to  be  necessary,  or  useful,  and  shall  file  a 
written  certificate  to  that  eftect,  which  will  constitute  an  official 
action  in  the  case.     Models  not  required  nor  admitted,  if  already 


RIGHTS.  373 

filed,  will  be  returned  to  the  applicants.  When  a  model  shall  be 
required  the  examination  will  be  suspended  until  it  shall  be  filed. 
From  a  decision  of  the  primary  examiner  overruling  a  motion  to 
dispense  with  a  model  an  appeal  may  be  taken  to  the  Commis- 
sioner in  person. 

The  model  must  clearly  exhibit  every  feature  of  the  machine 
which  forms  the  subject  of  a  claim  of  invention,  but  should  not 
include  other  matter  than  that  covered  by  the  actual  invention  or 
improvement,  unless  it  is  necessary  to  the  exhibition  of  the  inven- 
tion in  a  working  model. 

The  model  must  be  neatly  and  substantially  made,  of  durable 
material,  metal  being  deemed  preferable;  but  when  a  material 
forms  an  essential  feature  of  the  invention,  the  model  will  be 
constructed  of  that  material.  The  model  must  not  he  m^ore  than 
one  foot  in  length,  width^  or  height,  except  in  cases  in  which  the 
Commissioner  shall  admit  working  models  of  complicated  ma- 
chines of  larger  dimensions.  If  made  of  wood,  it  must  be  painted 
or  varnished.  Glue  must  not  be  used;  but  the  parts  should  be  so 
connected  as  to  resist  the  action  of  heat  or  moisture.  Where 
practicable,  to  prevent  loss,  the  model  or  specimen  should  have  the 
name  of  the  inventor  permanently  fixed  thereon.  In  cases  where 
models  are  not  made  strong  and  substantial,  as  here  directed,  the 
application  will  not  be  examined  until  a  proper  model  is  furnished. 

A  working  model  is  often  desirable,  in  order  to  enable  the  oflice 
fully  and  readily  to  understand  the  precise  operation  of  the  ma- 
chine. 

In  cases  where  an  application  has  been  rejected  more  than  two 
years,  the  model,  unless  it  is  deemed  necessary  that  it  should  be 
preserved  in  the  oflSce,  may  be  returned  to  the  applicant  upon 
demand,  and  at  his  expense  ;  and  the  model,  in  any  pending  case 
of  less  than  two  years  standing,  may  be  returned  to  the  applicant 
upon  the  filing  of  a  formal  abandonment  of  the  application,  signed 
by  the  applicant  in  person.  Models  belonging  to  patented  cases 
will  not  be  taken  from  the  office  except  in  the  custody  of  some 
sworn  employe  of  the  office  specially  authorized  by  the  Commis- 
sioner, with  the  written  approval  of  the  Secretary  of  the  Interior. 

Models  filed  as  exhibits  in  contested  cases  may  be  returned  to 
the  applicant.  If  not  claimed  within  a  reasonable  time  they  may 
be  disposed  of  at  the  discretion  of  the  Commissioner. 


374  PATENT 

Specimens. 

When  the  invention  or  discovery  is  a  composition  of  matter,  the 
applicant,  if  required  by  the  Commissioner,  shall  furnish  speci- 
mens of  the  composition,  and  of  its  ingredients,  sufficient  in  quan- 
tity for  the  purpose  of  experiment.  In  all  cases  where  the  article 
is  not  perishable,  a  specimen  of  the  composition  claimed,  put  up 
in  proper  form  to  be  preserved  by  the  office,  must  be  furnished. 

The  Examination. 

All  cases  in  the  patent  office  are  classified  and  taken  up  for 
examination  in  regular  order,  those  in  the  same  class  being  exam- 
ined and  disposed  of,  as  far  as  practicable,  in  the  order  in  which 
the  respective  applications  are  completed.  When,  however,  the 
invention  is  deemed  of  peculiar  importance  to  some  branch  of  the 
public  service,  and  when,  for  that  reason,  the  head  of  some  depart- 
ment of  the  Government  specially  requests  immediate  action,  the 

case  will  be  taken  up  out  of  its  order. 

I 

Rejections  and  Beferences. 

WTienever,  on  examination,  any  claim  of  an  application  is  rejected 
for  any  reason  whatever,  the  applicant  will  be  notified  thereof,  and 
the  reason  for  such  rejection  will  be  fully  and  precisely  stated,  and 
such  information  and  references  will  be  given  as  may  be  useful  in 
judging  of  the  propriety  of  prosecuting  his  application  or  of  alter- 
ing his  specification  ;  and  if,  after  receiving  such  notice,  he  shall 
persist  in  his  claim,  with  or  without  altering  his  specification,  the 
case  will  be  re-examined.  If  upon  re-examination  it  shall  be  again 
rejected,  the  reasons  therefor  will  be  fully  and  precisely  stated. 

Whenever,  in  the  treatment  of  an  ex  parte  application,  an 
adverse  decision  is  made  upon  any  preliminary  or  intermediate 
question,  without  the  rejection  of  any  claim,  notice  thereof, 
together  with  the  reasons  therefor,  will  be  given  to  the  applicant, 
in  order  that  he  may  judge  of  the  propriety  of  the  action.  If, 
after  receiving  such  notice,  he  traverse  tlie  oro^^riety  of  the  action, 
the  matter  will  be  "'econsidered. 

Amendments  and  Actions  by  Applicants. 

The  applicant  has  a  right  to  amend  before  or  after  the  first  rejec- 
tion; and  he  may  amend  as  often  as  the  examiner  presents  any  new 
references  or  reasons  for  rejection.     In  so  amending  the  applicant 


RIGHTS.  375 

must  clearly  point  out  all  of  the  patentable  novelty  which  ho  thinks 
the  case  presents,  in  view  of  the  state  of  the  art  disclosed  by  the 
references  cited  or  objections  made.  He  must  also  show  how  the 
amendments  avoid  such  references  or  objections.  After  such 
action  on  all  the  claims  as  shall  entitle  the  applicant  to  an  appeal 
to  the  board  of  examiners-in-chief,  amendments  will  not  ordinarily 
be  allowed.  If  such  amendments  are  offered,  good  and  sufficient 
cause  therefor  must  be  shown,  togetlier  with  the  reasons  why  they 
were  not  earlier  presented;  and,  if  satisfied  on  these  points,  the 
examiner  may  admit  and  consider  them.  If  the  examiner  shall 
refuse  to  admit  and  consider  such  amendments,  an  appeal  will  lie 
to  the  Commissioner,  as  in  other  cases. 

In  order  to  be  entitled  to  reconsideration,  the  applicant  must 
make  request  therefor  in  writing,  and  he  must  distinctly  and 
specifically  point  out  the  supposed  errors  of  the  examiner's  action. 
The  mere  allegation  that  the  examiner  has  erred  will  notJbe  received 
as  a  proper  reason  for  such  reconsideration. 

In  original  applications,  which  are  capable  of  illustration  by 
"drawing  or  model,  all  the  amendments  of  the  model,  drawinofs,  or 
specification  or  of  additions  thereto  must  conform  to  at  least  one  of 
them  as /hey  were  at  the  time  of  the  filing  of  the  application. 
Matter  not  found  in  either,  involving  a  departure  from  the  original 
invention  can  be  shown  or  claimed  only  as  a  separate  application. 
If  the  invention  does  not  admit  of  illustration  by  drawing  or 
model,  amendment  of  the  specification  is  permitted  upon  proof 
satisfactory  to  the  Commissioner  that  the  matter  covered  by  the 
proposed  amendment  was  a  part   of  the  original  invention. 

The  specification  must  be  amended  and  revised,  when  required, 
for  the  purpose  of  correcting  inaccuracies  of  description  or  unnec- 
essary prolixity,  and  of  securing  correspondence  between  the 
claim  and  the  other  parts  of  the  specifications. 

After  the  completion  of  the  application  the  office  will  not  return 
the  specification  for  any  purpose  whatever.  Models  or  drawing 
(but  not  both  at  the  same  time)  may  be  withdrawn  for  correction. 
If  applicants  have  not  preserved  copies  of  such  papers  as  they 
wish  to  amend,  the  office  will  furnish  them  on  the  usual  terms. 

Designs. 

Patent  for  a  design  may  be  granted  to  any  person,  whether  citi- 
zen or  alien,  upon  payment  of  the  duty  required  by  law,  and  other 
due  proceedings  had,  as  in  other  cases  of  inventions  or  discoveries. 


376  PATENT 

Patents  for  designs  are  granted  for  the  term  of  three  and  one- 
half  years,  or  for  seven  years,  or  for  fourteen  years,  as  the  appli- 
cant may,  in  his  application,  elect. 

The  proceedings  in  applications  for  patents  for  designs  are  sub- 
stantially the  same  as  in  applications  for  other  patents.  The  speci- 
fication must  distinctly  point  out  the  characteristic  features  of  the 
design,  and  carefully  distinguish  between  what  is  old  and  what  is 
believed  to  be  new.  The  claims  also,  when  the  design  admits  of 
it,  should  be  as  distinct  and  specific  as  in  the  case  of  other  patents. 
The  following  order  of  arrangement  should  be  observed,  when 
convenient,  in  framing  the  specification: 

(1.)  Preamble  showing  name  and  residence  of  the  applicant, 
title  of  the  design,  and  the  name  of  the  article  for  which  the  de- 
sign has  been  invented. 

(2.)  Detailed  description  of  the  design  as  it  appears  in  the 
drawing  or  iihotograph,  letters  or  figures  of  referen^  being  used. 

(3.)     Claim  or  claims. 

(4.)     Signature  of  inventor. 

(5.)     Signatures  of  two  witnesses. 

"When  the  design  can  be  sufticiently  represented  by  drawings  or 
photographs,  a  model  will  not  be  required. 

Whenever  a  photograph  or  an  engraving  is  employed  to  illus- 
trate the  design  it  must  be  mounted  upon  Bristol-board,  10  by  15 
inches  in  size,  and  properly  signed  and  witnessed.  The  applicant 
will  be  required  to  furnish  ten  extra  copies  of  such  photograph  or 
engraving  (not  mounted),  of  a  size  not  exceeding  7^  inches  by  11. 
ISTegatives  are  not  required. 

Whenever  the  design  is  represented  by  a  drawing  made  to  con- 
form to  the  rules  laid  down  for  drawings  of  mechanical  inventions, 
but  one  copy  need  be  furnished.  Additional  copies  will  be  sup- 
plied by  the  photolithographic  process  at  the  expense  of  the  patent 
oflBce. 

Reissues. 

A  reissue  is  granted  to  the  original  patentee,  his  legal  represen 
tatives,  or  the  assignees  of  the  entire  interest,  when,  by  reason  of  a 
defective  or  insufficient  specification,  or  by  reason  of  the  patentee 
claiming  as  his  invention  or  discovery  more  than  he  had  a  right 
to  claim  as  new,  the  original  patent  is  inoperative  or  invalid,  pro- 
vided the  terror  has  arisen  from  inadvertence,  accident,  or  mistake, 
and  without  any  fraudulent  or  deceptive  intention.     In  the  cases  of 


RIGHTS.  377 

patents  issued  and  assiejned  prior  to  July  8,  1870,  the  applications 
for  reissue  may  be  made  by  the  assignees;  but  in  the  cases  of  pat- 
ents issued  or  assigned  since  that  date  the  applications  must  be 
made  and  the  specification  sworn  to  by  the  inventors,  if  they  be 
living. 

The  petition  for  a  reissue  must  be  accompanied  with  a  certified 
copy  of  the  abstract  of  title,  giving  the  names  of  all  assignees 
owning  any  undivided  interest  in  the  patent;  and  in  case  the  appli- 
cation is  made  by  the  inventor,  it  must  be  accompanied  with  the 
written  assent  of  such  assignees. 

Applicants  will  be  required  to  file  with  their  petitions  fur 
reissue: 

"  1st.  A  statement  setting  forth  particularly  the  defects  or  in- 
sufficiencies in  the  specification  which  render  the  patent  inopera- 
tive or  invalid,  and  in  cases  where  more  was  claimed  and  allowed 
than  the  applicant  was  entitled  to  claim  as  new,  such  part  or  parts 
must  be  distinctly  pointed  out. 

"  2d.  In  such  statement  the  applicant  must  explain  how  such 
errors  arose,  in  order  that  the  question  of  inadvertence,  accident, 
or  mistake  may  be  determined. 

' '  3d.  The  statement  must  be  accompanied  with  the  oath  of  the 
applicant  that  said  errors  arose  without  any  fraudulent  or  decep- 
tive intention. 

"From  the  decision  of  the  examiner  holding  that  the  statement 
or  oath  is  insufficient,  an  appeal  may  be  taken  to  the  commissioner 
in  person." 

No  new  matter  shall  be  introduced  into  the  reissue  specification, 
nor  in  case  of  a  machine  shall  the  model  or  drawings  be  amended 
except  each  by  the  other;  but  when  there  is  neither  model  nor 
drawing,  amendments  may  be  made  upon  proof  satisfactory  to  the 
commissioner  that  such  new  matter  or  amendment  was  a  part  of 
the  original  invention,  and  was  omitted  from  the  specification  by 
inadvertence,  accident,  or  mistake. 

The  Commissioner  may,  in  his  discretion,  cause  several  patents 
to  be  issued  for  distinct  and  separate  parts  of  the  thing  patented, 
upon  demand  of  the  applicant,  and  upon  payment  of  the  required 
fee  for  each  division  of  such  reissued  letters  patent.  Each  division 
of  a  reissue  constitutes  the  subject  of  a  separate  specification  de- 
scriptive of  the  part  or  parts  of  the  invention  claimed  in  such 
division;  and  the  dr?wing  may  represent  only  such  part  or  parts. 

Unless   it  shall  be  otherwise  ordered  by  the  Commissioner,  all 


378  PATENT 

the  divisions  of  a  reissue  will  issue  simnltaneously;  if  there  be 
controversy  as  to  one,  the  others  will  be  withheld  from  issue  until 
the  controversy  is  ended,  unless  he  shall  otherwise  order. 

In  cases  of  application  for  reissue,  an  original  claim,  if  repro- 
duced in  the  amended  specification,  is  subject  to  re-examination, 
and  the  entire  application  will  be  revised  and  restricted  in  the  saine 
manner  as   original  applications. 

The  application  for  a  reissue  must  be  accompanied  by  a  sur- 
render of  the  original  patent,  or,  if  that  is  lost,  by  an  affidavit  to 
that  efiect.  and  a  certified  copy  of  the  patent;  but  if  a  reissue  be 
refused,  the  original  patent  will,  upon  request,  be  returned  to  the 
applicant. 

Matter  which  is  shown  and  described,  and  might  have  been 
lawfully  claimed,  in  an  unexpired  patent,  but  was  not  claimed  by 
reason  of  a  defect  or  insufficiency  in  the  specification,  arising 
from  inadvertence,  accident,  or  mistake,  and  without  fraud  or  de- 
ceptive intent,  cannot  be  subsequently  claimed  by  the  patentee 
in  a  separate  patent  but  only  in  a  reissue  of  the  original  patent. 

Interferences. 

An  interference  is  a  proceeding  instituted  for  the  purpose  of  de- 
termining the  question  of  priority  of  invention  between  two  or 
more  parties  claiming  substantially  the  same  patentable  invention. 
The  fact  that  one  of  the  parties  has  already  obtained  a  patent  will 
not  prevent  an  interference;  for  although  the  Commissioner  has  no 
power  to  cancel  a  patent,  he  may  grant  a  patent  for  the  same 
invention   to  another  person  who  proves  to  be  tlie  prior  inventor. 

Interferences  will  be  declared  in  the  following  cases ,  when  all 
the  parties  claim  substantially  the  same  patentable  invention. 

(1.)  Between  two  or  more  original  applications. 

(2.)  Between  an  original  application  and  an  unexpired  patent, 
when  the  applicant,  having  been  rejected  on  the  patent,  shall 
file  an  affidavit  showing  that  he  made  the  invention  before  the 
patentee's  application  was  filed. 

(3.)  Between  an  original  application  and  an  application  for 
the  reissue  of  a  patent  granted  during  the  pendency  of  such  origi- 
nal application. 

(4).  Between  an  original  application  and  a  reissue  application, 
when  the  original  applicant  shall  file  an  affidavit  showing  that 
he  made  the  invention  before  the  patentee's  original  application 
was  tiled. 


RIGHTS.  379 

(5.)  Between  two  or  more  applications  fur  the  reissue  of  patents 
granted  on  applications  pending  at  the  same  time. 

(6.)  Between  two  or  more  applications  for  the  reissue  of  patents 
granted  on  applications  not  pending  at  the  same  time,  when  the 
applicant  for  reissue  of  the  later  patent  shall  file  an  affidavit 
showing  that  he  made  the  invention  before  the  application  on 
which  the  earlier  patent  was  granted  was  filed. 

(7.)  Between  a  reissue  application  and  an  unexpired  patent,  if 
the  original  applications  were  pending  at  the  same  time,  and  the 
reissue  applicant  shall  file  an  affidavit  showing  that  he  made  the 
invention  before  the  original  application  of  the  other  patentee 
was  filed. 

(8.)  Between  an  application  for  reissue  of  a  later  unexpired 
patent  and  an  earlier  unexpired  patent  granted  before  the  original 
application  of  the  later  patent  was  filed,  if  the  reissue  applicant 
shall  file  an  affidavit  showing  that  he  made  the  invention  before 
the  original  application  of  the  earlier  patent  was  filed. 

issue. 

If,  on  examination,  it  shall  appear  that  the  applicant  is  justly 
entitled  to  a  patent  under  the  law,  a  notice  of  allowance  will  be 
sent  him,  calling  for  the  payment  of  the  final  fee,  upon  the  receipt 
of  which,  within  the  time  fixed  by  law,  the  patent  will  be  prepared 
for  issue. 

After  notice  of  the  allowance  of  an  application  is  given,  the  case 
will  not  be  withdrawn  from  issue  except  by  approval  of  the  Com- 
missioner, and  if  withdrawn  for  further  action  on  the  part  of  the 
office,  a  new  notice  of  allowance  will  be  given.  When  the  final  fee 
has  been  paid  upon  an  application  for  letters  patent,  and  the  case 
has  received  its  date  and  number,  it  will  not  be  withdrawn  or  sus- 
pended from  issue  on  account  of  any  mistake  or  change  of  purpose 
of  the  applicant  or  his  attorney,  nor  for  the  purpose  of  enabling 
the  inventor  to  procure  a  foreign  patent,  nor  for  any  other  reason 
except  mistake  on  the  part  of  this  office,  or  fraud,  or  illegalitj'^ 
in  the  application,  or  for  interference. 

Date   Duration,  and  Form  of  Patents. 

Every  patent  will  bear  date  as  of  a  day  not  later  than  six  montns 
from  the  time  at  which  the  application  was  passed  and  allowed 
and  notice  thereof  was  mailed  to  the  applicant  or  his  agent,  if 
within  that  period  the  final  fee  be  paid  to  the   Commissioner  of 


38  0  PATENT 

Patents,  or  if  it  be  paid  to  the  Treasurer,  or  any  of  the  assistant 
treasurers  or  designated  depositories  of  the  United  States,  and  the 
certificate  promptly  forwarded  to  the  Commissioner  of  Patents; 
and  if  the  final  fee  be  not  oai  ^  within  that  period,  the  patent  will 
be  withheld. 

A  patent  will  not  be  antedated. 

Every  patent  will  contain  a  short  title  of  the  invention  or  dis- 
covery, indicating  its  nature  and  object,  and  a  grant  to  the  patentee, 
his  hairs  and  assigns,  for  the  term  of  seventeen  years,  of  the  ex- 
clusive right  to  make,  use,  and  vend  the  invention  or  discovery 
throughout  the  United  States  and  the  Territories  thereof.  But  if 
the  invention  shall  have  been  previously  patented  abroad,  the  term 
of  the  patent  will  expire  with  the  term  of  the  foreign  patent.  The 
duration  of  a  design  patent  may  be  for  the  term  of  three  and  a 
half,  seven,  or  fourteen  years.  A  copy  ot  the  specification  and 
drawings  will  be  annexed  to  the  patent  and  form  part  thereof. 

Delivery. 

The  patent  will  be  delivered  or  mailed,  on  the  day  of  its  date, 
to  the  patentee,  unless  there  be  an  attorney  of  record,  in  which 
case  it  will  be  delivered  to  him  or  the  patentee,  as  the  attorney 
may  request;  but  it  will  not,  without  a  special  request  to  that  eftect, 
be  delivered  to  an  associate  or  substitute  attorney. 

Correction  of  Errors  in  Letters  Patent. 

Where  a  mistake,  incurred  through  the  fault  of  the  oflSce,  is 
clearly  disclosed  by  the  records  or  files  of  the  office,  a  certificate, 
showing  the  fact  and  nature  of  such  mistake,  signed  by  the  Secre- 
tary of  the  Interior,  countersigned  by  the  Commissioner  of  Patents, 
and  sealed  with  the  seal  of  the  patent  office,  will,  at  the  request  of 
tlie  patentee  or  his  assignee,  be  indorsed  without  charge  upon  the 
letters  patent,  and  recorded  in  the  records  of  patents,  and  a  printed 
copy  thereof  attached  to  each  printed  copy  of  the  specification  and 
drawings. 

Where  a  mistake,  incurred  through  the  fault  of  the  office,  con- 
stitutes a  sufficient  legal  ground  for  a  reisisue,  such  reissue  will  be 
made,  for  the  correction  of  such  mistake  only,  without  charge  of 
office  fees,  at  the  request  of  the  patentee. 

Mistakes  not  incurred  through  tlu;  fault  ot   the  office,   and  not 


RIGHTS.  381 

affording  legal  grounds  for  reissues,  will  not  be  corrected  after  the 
delivery  of  the  letters  patent  to  the  patentee  or  his  agent. 

No  changes  or  corrections  will  be  made  in  letters  patent  after 
the  delivery  thereof  to  the  patentee  or  his  agent,  except  as  above 
provided. 

Abandoned,  Forfeited  and  Renewed  Applications. 

An  abandoned  application  is  one  which  has  not  been  completed 
and  prepared  for  examination  within  two  years  after  the  filing  of 
the  petition,  or  which  the  applicant  has  failed  to  prosecute  within 
two  years  after  any  action  therein,  of  which  notice  has  been  duly 
given  or  which  the  applicant  has  expressly  abandoned  by  filing, 
in  the  office,  a  written  declaration  of  abandonment,  signed  by  him- 
self, identifying  his  application  by  title  of  invention  and  date 
of  filing. 

Prosecution  of  an  application,  to  save  it  from  abandonment, 
must  include  such  proper  action  as  the  condition  of  the  case  may 
require. 

Before  an  application  abandoned  by  failure  to  complete  or  prose- 
cute can  be  renewed,  it  must  be  shown  to  the  satisfaction  of  the 
Commissioner  that  the  delay  in  the  prosecution  of  the  same  was 
unavoidable. 

When  a  new  application  is  filed  in  place  of  an  abandoned  or 
rejected  application,  a  new  specification,  oath,  drawing,  and  fee 
will  be  required;  but  the  old  model,  if  suitable,  may  be  used. 

A  forfeited  application  is  one  upon  which  a  patent  has  been  with7 
held  for  failure  to  pay  the  final  fee  within  the  prescribed  time. 

Where  the  patent  has  been  withheld  by  reason  of  non-payment 
of  the  final  fee,  any  person,  whether  inventor  or  assignee,  who  has 
an  interest  in  the  invention  for  which  such  patent  was  ordered  to 
issue,  may  file  a  new  application  for  the  same  invention;  but  such 
second  application  must  be  made  within  two  years  after  the  allow- 
ance of  the  original  application. 

Disclaimers. 

Whenever,  through  inadvertence,  accident,  or  mistake,  and 
without  any  fraudulent  or  deceptive  intention,  a  patentee  has 
claimed  more  than  that  of  which  he  was  the  original  or  first  inventor 
or  discoverer,  his  patent  shall  be  valid  for  all  that  part  which 
is  truly  and  justly  his  own,  provided  the  same  is  a  material  or  sub- 


382  PATENl' 

stantial  part  of  the  tiling  patented;  and  any  such  patentee,  his  heirs 
or  assigns,  whether  of  the  whole  or  any  sectional  interest  therein, 
may,  on  payment  of  the  fee  required  by  law,  make  disclaimer  of 
such  parts  of  the  thing  patented  as  he  or  they  shall  not  choose  to 
claim  or  to  hold  by  virtue  of  the  patent  or  assignment,  stating 
therein  the  extent  of  his  interest  in  such  patent.  Such  disclaimer 
shall  be  in  writing,  attested  by  one  or  more  witnesses,  and  recorded 
in  the  patent  office,  and  it  shall  thereafter  be  considered  as  part  of 
the  original  specification  to  the  extent  of  the  interest  possessed  by 
the  claimant  and  by  those  claiming  under  him  after  the  record 
thereof.  But  no  such  disclaimer  shall  affect  any  action  pending 
at  the  time  of  filing  the  same,  except  as  to  the  question  of  un- 
reasonable neglect  or  delay  in  filing  it. 

Such  disclaimers  must  be  distinguished  from  those  which  are 
embodied  in  original  or  reissue  applications,  as  at  first  filed  or 
subsequently  amended,  referring  to  matter  shown  or  described,  but 
to  which  the  disclaimant  does  not  choose  to  claim  title,  and  also 
from  those  made  to  avoid  the  continuance  of  interferences,  which 
require  no  fee,  but  must,  like  all  other  disclaimers,  be  signed  by 
the  applicants  in  person  and  duly  witnessed. 

Caveats. 

A  caveat,  under  the  patent  law,  is  "a  notice  given  to  the  office  of 
the  caveator's  claim  as  inventor,  in  order  to  prevent  the  grant  of  a 
patent  to  another  f  )r  the  same  alleged  invention  upon  an  applica- 
tion filed  during  the  life  of  the  caveat  without  notice  to  the  caveator. 

Any  citizen  of  the  United  States  who  has  made  a  new  invention 
or  discovery  and  desires  further  time  to  mature  the  same,  may,  on 
payment  of  a  fee  of  ten  dollars,  file  in  the  patent  office  a  caveat 
setting  forth  the  object  and  the  distinguishing  characteristics  of  the 
invention,  and  praying  protection  of  his  right  until  he  shall  have 
matured  his  invention.  Such  caveat  shall  be  filed  in  the  confidential 
archives  of  the  office  and  preserved  in  secrecy,  and  shall  be 
operative  for  the  term  of  one  year  from  the  filing  thereof. 

An  alien  has  the  same  privilege,  if  he  has  resided  in  the  United 
States  one  year  next  preceding  the  filing  of  his  caveat,  and  has 
made  oath  of  his  intention  to  become  a  citizen. 

The  caveat  must  comprise  a  specification,  oath,  and,  when  the 
nature  of  the  case  admits  of  it,  a  drawing,  and,  like  the  applica- 
tion, must  be  limited  to  a  single  invention  or  improvement. 

The  same  particularity  of  description  is  not  required  in  a  caveat 


RIGHTS.  383 

as  in  au  application  for  a  patent;  bvit  the  caveat  must  set  forth  tlie 
object  of  the  invention  and  the  distinguishing  characteristics 
thereof,  and  it  should  be  sufficiently  precise  to  enable  the  office  to 
judge  whether  there  is  a  probable  interference  when  a  subsequent 
application  is  filed.  If  upon  examination  a  caveat  be  found  defect- 
ive in  this  respect,  amendment  will  be  required. 

The  oath  of  the  caveator  must  set  forth  that  he  is  a  citizen  of 
the  United  States,  or,  if  he  be  an  alien,  that  he  has  resided  for  one 
year  last  past  within  the  United  States,  and  has  made  oath  of  his 
intention  to  become  a  citizen  thereof,  and  that  he  believes  himself 
the  original  and  first  inventor  of  the  art,  machine,  or  improvement 
set  forth  in  his  caveat. 

When  practicable,  the  caveat  should  be  accompanied  by  full  and 
accurate  drawings,  separate  from  the  specification,  well  executed 
on  tracing  muslin  or  paper  that  may  be  folded. 

If  at  any  time  within  one  year  after  the  filing  or  renewal  of  a 
caveat  another  person  shall  file  an  application  with  which  such 
Ciiveat  would  in  any  manner  interfere,  and  if,  within  the  year,  the 
application  shall  be  found  patentable,  then  such  application  will 
be  suspended,  and  notice  thereof  will  be  sent  to  the  person  filing 
the  caveat,  who,  if  he  shall  file  a  complete  application  within  the 
prescribed  time,  will  be  entitled  to  an  interference  with  the  previ- 
ous application,  for  the  purpose  of  proving  priority  of  invention, 
and  obtaining  the  patent,  if  he  be  adjudged  the  prior  inventor. 
The  caveator,  if  he  would  avail  himself  of  his  caveat,  must  file  his 
application  within  three  months  from  the  expiration  of  the  time 
regularly  required  for  the  transmission  to  him  of  the  notice  deposited 
in  the  post-office  at  Washington;  and  the  day  when  the  time  for  fil- 
ing expires  will  be  mentioned  in  the  notice  or  indorsed  thereon. 

The  caveator  will  not  be  entitled  to  notice  of  any  application 
pending  at  the  time  of  filing  his  caveat,  nor  of  any  application  filed 
after  the  expiration  of  one  year  from  the  date  of  the  filing  or 
renewal  thereof.  The  caveat  may  be  renewed  by  the  payment  of 
a  second  caveat  fee  of  ten  dollars,  and  it  will  continue  in  force  for 
one  year  from  the  date  of  the  payment  of  such  second  fee.  Subse- 
quent renewals  may  be  made  with  like  effect.  If  a  caveat  be  not 
renewed,  it  will  still  be  preserved  in  the  secret  archives  of  the 
office. 

A.  caveat  confers  no  rights  and  affords  no  protection  except  as  to 
notice  of  an  interfering  application  filed  during  its  life,  giving  the 


384  PATENT 

caveator  the  opportunity  of  proving  priority  of  invention  if  he  so 
desires. 

There  is  no  provision  of  law  making  the  caveat  assignable, 
although  the  alleged  invention  therein  set  forth  is  assignable,  and 
the  caveat  may  be  used  as  means  of  identifying  the  invention 
transferred  in  an  assignment. 

Caveat  papers  cannot  be  withdrawn  from  the  office  after  they 
have  once  been  filed;  but  copies  of  the  papers  may  be  obtained  at 
the  usual  rates  by  the  caveator  or  any  person  duly  authorized  by 
him.  Additional  papers,  if  containing  new  matter,  must  be  filed 
as  a  separate  caveat  with  another  fee. 

,  Assignments. 

Every  patent,  or  any  interest  therein,  shall  be  assignable  in  law 
by  an  instrument  in  writing  ;  and  the  patentee  or  his  assigns  or 
legal  representative  may,  in  like  manner,  grant  and  convey  an 
exclusive  right  under  his  patent  to  the  whole  or  any  specified  part 
of  the  United  States. 

Interests  in  patents  may  be  vested  in  assignees,  in  grantees  of 
exclusive  sectional  rights  and  mortgagees,  and  in  licensees. 

(1.)  An  assignee  is  a  transferee  of  the  whole  interest  of  the 
original  patent,  or  of  an  undivided  part  of  such  whole  interest, 
extending  to  every  portion  of  the  United  States.  The  assignment 
must  be  written  or  printed  and  duly  signed. 

(2.)  A  grantee  acquires  by  the  grant  the  exclusive  right,  under 
the  patent,  to  make  and  use,  and  to  grant  to  others  the  right  to 
make  and  use,  the  thing  patented,  within  and  throughout  some 
specified  part  of  the  United  States,  excluding  the  patentee  there- 
from.    The  grant  must  be  written  or  printed  and  duly  signed. 

(3. )     A  mortgage  must  be  written  or  printed   and  duly  signed. 

(4.)  A  licensee  takes  an  interest  less  than  or  different  from  either 
of  the  others.  A  license  may  be  oral,  or  written  or  printed  and 
duly  signed. 

An  assignment,  grant,  or  conveyance  will  be  void  as  against  any 
subsequent  ])urchaser  or  mortgagee  for  a  valuable  consideration, 
without  notice,  unless  recorded  in  the  patent  office  within  three 
months  from  the  date  thereof. 

No  instrument  will  be  recorded  which  does  not,  in  the  judgment 
of  the  commissioner,  amount  to  an  assignment,  grant,  mortgage, 
lien,  encumbrance,  or  license,  or  afffect  the  title  of  the  patent  or 
invention  to  which  it  relates. 


aiGUTS.  385 

Assignments  which  are  made  conditional  on  the  performance  of 
certain  stipulations,  as  the  payment  of  money,  if  recorded  in  the 
office,  are  regarded  as  absolute  assignments,  until  canceled  with 
the  written  consent  of  both  parties,  or  by  the  decree  of  a  compe- 
tent court.  The  office  has  no  means  of  determining  whether  such 
conditions  have  been  fulfilled. 

In  every  case  where  it  is  desired  that  the  patent  shall  issue  to  an 
assignee,  the  assignment  must  be  recorded  in  tlie  patent  office  at  a 
date  not  later  than  the  day  on  which  the  final  fee  is  paid.  The 
date  of  the  record  is  the  date  of  the  receipt  of  the  assignment  at 
the  office. 

The  receipt  ot  assignments  is  not  generally  acknowledged  by 
the  office.  They  are  recorded  in  regular  order  as  promptly  as  pos- 
sible, and  then  transmitted  to  the  persons  entitled  to  them. 

Office  Fees. 

Nearly  all  the  fees  payable  to  the  patent  office  are  positively  re- 
quired by  law  to  be  paid  in  advance — that  is,  upon  making  appli- 
cation for  any  action  by  the  office  for  which  a  fee  is  payable.  For 
the  sake  of  uniformity  and  convenience,  the  remaining  fees  will  be 
required  to  be  paid  in  the  same  manner: 
The  following  is  the  schedule  of  fees: 

On  tiling  every  application  for  a  design  patent $10  00 

On  issuing  a  design  patent  for  three  years  and  six  months 
no  further  charge. 

On  issuing  a  design  patent  for  seven  years 5  00 

On  issuing  a  design  patent  for  fourteen  years 20  00 

On  filing  every  caveat 10  00 

On  filing  every  application  for  a  patent  for  an  invention  or 

discovery 15  00 

On   issuing   each   original   patent  for  an  invention  or  dis- 
covery        20  00 

On  filing  a  disclaimer 10  00 

On  filing  every  application  for  a  reissue 30  00 

On  filing  every  application  for  a  division  of  a  reissue ....     30  00 

On  filing  every  application  for  an  extension 50  00 

On  the  grant  of  every  extension 50  00 

On  filing  an  appeal  from  a  primary  examiner  to  the  exami- 
ners-in-chief       10  00 

On  filing  an  appeal  to  the  Commissioner  from  the  exami- 
ners-in-chief      20  00 

25 


386  PATENT 

For  certified  copies  of  patents  or  other  instruments,  except 

copies  of  printed  patents  sold  by  the  office,  for  every  100 

words 10 

For  certified  copies  of  printed  patents  sold  by  the  office,  10 

cents  for  every  100  words,  less   the  price  actually  paid 

for  such  copies  without  certification. 
For  certified  copies   of  drawings,  the   reasonable  cost   of 

making  them. 

For  recording  an  assignment  of  300  words  or  less 1  00 

For  recording  an  assignment  of  more  than   300  and   not 

more  than  1,000  words .,.....„    .       2  00 

For  recording  every  assignment  of  more  than  1,000  words.   $3  00 
For  uncertified  copies  of  the  specifications  and  accompany- 
ing  drawings  of  all  patents  which  are  in  print: 

Single  copies 25 

Twenty  copies  or  more,  whether  of  one  or  several  patents, 

per  copy^' 10 

For  uncertified  copies  of  the  specifications  and  drawings  of 

patents   not  in  print,  the  reasonable   cost  of  making  the 

same. 
For   copies   of  matter  in  any  foreign   language,  per  100 

words o • 20 

For  translations,  per  100  words 50 

For  assistance  to  attorneys  in  examination  of  records,  one 

hour  or  less 50 

Each  additional  hour 50 

For  assistance  to  attorneys  in   examination  of  patents  and 

other  works  in  the  Scientific  Library,  one  hour  or  less ...  1  00 
Each  additional  hour 1  00 

An  order  for  a  copy  of  an  assignment  must  give  the  liber  and 
page  of  the  record,  as  well  as  the  name  of  the  inventor;  otherwise 
an  extra  charge  will  be  made  for  the  time  consumed  in  making 
any  search  for  such|assignment. 

*NoTE. — For  the  convenience  of  the  office  and  of  persons  desiring  printed 
copies  of  specifications  and  drawings,  blank  orders,  or  "  coupons,"  have  been 
prepared,  winch  will  be  sold,  on  application  to  the  chief  clerk,  at  the  Bate  of  10 
cents  each  in  lots  of  20  or  more.  Stub-books  containing  50  or  100  such  orders, 
can  be  furnished  at  the  same  rate,  and  the  orders  printed  on  postal  cards  at  the 
same  rate  plus  the  cost  of  the  cards. 

These  orders,  whenever  presented  properly  filled  up,  are  good  for  one  copy 
each  of  the  specification  and  drawings  of  any  United  States  patent  issued  since 
November  20,  1866 ,  or  for  a  copy  of  the  drawing  of  any  United  States  patent  from 
the  earliest  dates.      Prior  to  the  date  given,  the  specifications  were  not  printed. 


RIGHTS.  387 

No  person  will  be  allowed  to  make  copies  or  tracings  from  the 
files  or  records  of  the  office.  Such  copies  will  be  furnished,  wlieii 
ordered,  at  the  rates  already  specified. 

The  money  required  for  office  fees  may  be  paid  to  the  Commis- 
sioner, or  to  the  Treasurer,  or  any  of  the  assistant  treasurers  of  the 
United  States,  or  to  any  of  the  designated  depositories,  national 
banks,  or  receivers  of  public  money,  designated  by  the  Secretary 
of  the  Treasury  for  that  purpose,  who  shall  give  the  depositor  a 
receipt  or  certificate  of  deposit  therefor,  which  shall  be  trans- 
mitted to  the  patent  office  When  this  cannot  be  done  without 
much  inconvenience,  the  money  may  be  remitted  by  mail,  and  in 
every  such  case  the  letter  should  state  the  exact  amount  inclosed. 
Letters  containing  money  may  be  registered.  Post-office  money- 
orders  now  afford  a  safe  and  convenient  mode  of  transmitting  fees. 
All  such  orders  should  be  made  payable  to  the  '•  Commissioner  of 
Patents." 

The  weekly  issue  will  close  on  Thursday,  and  the  patents  of 
that  issue  will  bear  date  as  of  the  third  Tuesday  thereafter.  If 
the  final  fee  in  any  application  is  not  paid  on  or  before  Thursday, 
the  patent  will  not  go  to  issue  until  the  following  week 

Ail  money  sent  by  mail,  either  to  or  from  the  patent  office,  will 
be  at  the  risk  of  the  sender.  In  no  case  should  money  be  sent  in- 
closed with  models.  All  payments  to  or  by  the  office  must  be 
made  in  specie,  treasury  notes,  national  bank  notes,  certificates  of 
deposit,  or  post-office  money-orders. 

Sepayment  of  Money. 

Money  paid  by  actual  mistake,  such  as  a  payment  in  excess,  or 
when  not  required  by  law,  or  by  neglect  or  misinformation  on  the 
part  of  the  office,  will  be  refunded;  but  a  mere  change  of  purpose 
after  the  payment  of  money,  as  when  a  party  desires  to  withdraw 
his  application  for  a  patent,  or  for  the  registration  of  a  trade-mark, 
or  an  appeal,  will  not  entitle  a  party  to  demand  such  a  return. 


PATENT  OFFICE. 


PETITIONS. 


1.  By  a  Sole  Inventor. 

To  the  Commissioner  of  Patents: 

Your  petitioner,  A  B,  a  citizen  of  the  United  States  residing  at 
S,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.\  prays  that 


388  PATENT 

letters  patent  be  granted  to  him  for  the  improvement  in  sewing- 
machines  set  forth  in  the  annexed  specification. 

AB. 


2.  By  Joint  Inventors, 

To  the  Commissioner  of  Patents: 

Your  petitioners,  A  B  and  C  D,  citizens  of  the  United  States, 
residing  respectively  at  L,  in  the  county  of  M,  and  State  of  JST,  and 
at  G,  in  the  county  of  H,  and  State  of  I  (or  subject,  etc.),  pray 
that  letters  patent  may  be  granted  to  them,  as  joint  inventors,  for 
the  improvement  in  washing-machines  set  forth  in  the  annexed 
specification.  A  B, 

CD. 


3.  By  an  Inventor  for  Himself  and  an  Assignee. 

To  the  Comifhissioner  of  Patents: 

Your  petitioner,  A  B,  a  citizen  of  the  United  States  residing  at 
L,  in  the  county  of  M,  and  State  of  1^  (or  subject,  etc.),  prays  that 
letters  patent  may  be  granted  to  himself  and  C  D,  a  citizen  of  the 
United  States  residing  at  L,  in  the  county  of  M,  and  State  of  N, 
as  his  assignee,  for  the  improvement  in  printing-presses  set  forth 
in  the  annexed  specification. 

AB. 


4.  Petition  With  Power  of  Attorney. 

To  the  Com/missionefr  of  Patents: 

Your  petitioner,  A  B,  a  citizen  of  the  United  States  residing  at 
L,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  prays  that 
letters  patent  may  be  granted  to  him  for  the  improvement  in  lamps 
set  forth  in  the  annexed  specification,  and  he  hereby  appoints  C 
D,*of  the  city  of  R,  State  of  S,  his  attorney;  witli  full  power  of 
substitution  and  revocation,  to  prosecute  this  application,  to  make 
alterations  and  amendments  therein,  to  receive  the  patent,  and  to 
transact  all  business  in  the  patent  ofiice  connected  therewith. 

A  B. 

*If  the  power  of  attorney  is  to  a  firm,  the  name  of  each  member  of  the  firm 
must  be  given  In  full. 


6.   By  an  Administrator. 

To  the  CorrtTnissioner  of  Patents: 

Your  petitioner,  A  B,  a  citizen  of  the  United  States  residing  at 
L,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  adminis- 


FORMS.  389 

trator  of  the  estate  of  C  D,  late  a  citizen  of  S,  deceased  {as  bj 
reference  to  the  duly  certified  copy  of  letters  of  administration, 
hereto  annexed,  will  more  fully  appear),  prays  that  letters  patent 
may  be  granted  to  him  for  the  invention  of  the  said  C  D  (improve- 
ment in  fire-hose)  set  forth  in  the  annexed  specification. 

A  B,  Administrator^  etc. 


6.  By  an  Executor. 

To  the  Commissioner  of  Patents: 

Your  petitioner,  A  B,  a  citizen  of  the  United  States  residing  at 
L,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  executor 
of  the  last  will  and  testament  of  C  D,  late  a  citizen  of  S,  deceased 
(as  by  reference  to  the  duly  certified  copy  of  letters  testamentary, 
hereto  annexed,  will  more  fully  appear),  prays  that  letters  patent 
maybe  granted  to  him  for  his  invention  of  the  said  C  D  (improve- 
ment in  churns),  set  forth  in  the  annexed  specification. 

.  A  B,  Executm\  ets. 


7.   For  a  Reissue  (by  the  Inventor), 

To  the  Com,missimie7'  of  Patents: 

Your  petitioner,  A  B,  a  citizen  of  the  United  States  residing  at 
L,  in  the  county  of  M,  and -State  of  N  (or  subject,  etc.),  prays  that 
he  may  be  allowed  to  surrender  the  letters  patent  for  an  improve- 
ment in  coal-scuttles,  granted  to  him  May  16,  1867,  whereof  he  is 
now  sole  owner  (or  whereof  C  D,  on  whose  behalf  and  with  whose 
assent  this  application  is  made,  is  now  sole  owner,  by  assignment), 
and  that  letters  patent  may  be  reissued  to  him  (or  the  said  C  D) 
for  the  same  invention,  upon  the  annexed  amended  specification. 
With  this  petition  is  filed  an  abstract  of  title,  duly  certified,  as  re- 
quired in  such  cases. 

AB. 

Assent  of  Assignee  to  Reissue. 

The  undersigned,  assignee  of  the  entire  (or  of  an  undivided)  in- 
terest in  the  above  mentioned  letters  natent,  hereby  assents  to  the 
accompanying  application. 

CD. 


8.  For  a  Reissue  (by  Assignee). 

[To  be  used  only  when  the  inventor  is  dead  or  the  oriecinal  patent  was  issued  and 

assigned  prior  to  July  8, 1870.] 
To  the  Commissioner  of  Patents  : 

Your  petitioners,  A  B,  a  citizen  of  the  United  States  residing  at 
L,  m  the  county  of  M,   and  State  of  T^  (or  subject,  etc.),  and  C  D, 


390  PATENT 

a  citizen  of  the  United  States  residing  at  H,  in  the  county  of  L, 
and  State  of  K  (or  subject,  etc.),  pray  that  tliey  may  be  allowed  to 
surrender  the  letters  patent  for  an  improvement  in  coal-scuttles, 
granted  May  16,  1867,  to  E  F,  now  deceased,  whereof  they  are 
now  owners,  by  assignment,  of  the  entire  interest,  and  that  the 
letters  patent  may  be  reissued  to  them  for  the  same  invention, 
upon  the  annexed  amended  specification.  With  this  petition  is 
filed  an  abstract  of  title  (or  aa  order  for  making  and  filing  the 
same  etc.). 

A  B. 


9.  For  Letters  Patent  for  a  Design. 

To  the  Commissioner  of  Patents: 

Your  petitioner,  A  B,  a  citizen  ot  the  United  States  residing  at 
L,  in  the  county  of  M,  and  State  of  IST  (or  subject,  etc.),  prays  that 
letters  patent  may  be  granted  to  him  for  the  term  of  three  and 
one-half  years  (or  seven  years,  or  fourteen  years)*  for  the  new  and 
original  design  for  carpets  set  forth  in  the  annexed  specification. 

A  B. 


10.  Caveat. 

The  petition  of  A  B,  a  citizen  of  the  United  States  residing  at 
L,  in  the  county  of  M,  and  State  of  JST  (or  subject,  etc.),  repre- 
sents : 

That  he  has  made  certain  improvements  in  cotton-gins,  and  that 
he  is  now  engaged  in  making  experiments  for  the  purpose  of  per- 
fecting the  same,  preparatory  to  applying  for  letters  patent  there- 
for. He  therefore  prays  that  the  subjoined  des^cription  of  his 
invention  may  be  filed  as  a  caveat  in  the  confidential  archives  of 
the  patent  office. 

A  B. 


11.  For  the  Renewal  of  a  Forfeited  Application. 

To  the  Commissioner  of  Patents: 

Your  petitioner,  A  B,  a  citizen  of  the  United  States  residing  at 
L,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  represents 
that  on  May  8,  1868,  he  filed  an  application  for  letters  patent  for 
an  improvement  in  fences,  serial  number  885,  which  application 
was  allowed  July  7,  1868,  but  that  he  make  payment  of  the  final 
fee  within  the  time  allowed  by  law.  He  now  makes  renewed  ap- 
plication for  letters  patent  for  said  invention,  and  prays  that  the 
original  specification,  oath,  drawings,  and  model  may  be  used  as 
a  part  of  this  application. 

J\.  -ts. 

*Sec.  4931  R.  S.  requires  the  election  to  be  made  in  the  original  application. 


FORMS.  391 

SPECIFICATIONS. 
12.  For  an.  Art  or  Process. 

To  ail  whom  it  mxty  concern: 

Be  it  known  that  T,  A  B,  a  citizen  of  the  United  States  residing 
at  L,  in  the  county  of  M,  and  State  of  N  (or  subject  etc.),  have 
invented  certain  new  and  useful  improvements  in  purifying  and 
increasing  the  illuminating  power  of  gas  without  appreciable  loss 
of  bulk  (for  which  1  have  received  letters  patent  in  England,  No. 
750,  date'd  July  6,  1878^);  and  I  do  hereby  declare  that  the 
following  is  a  full,  clear,  and  exact  description  of  the  invention, 
which  will  enable  others  skilled  in  the  art  to  which  it  appertains 
to  make  and  use  the  same. 

Heretofore  gas  has  been  purified  by  passing  it  through  animal 
charcoal  ;  but  when  this  is  used  alone,  after  a  short  time  it  loses 
its  power  of  absorbing  impurities,  and  must  then  be  washed  with 
steam  or  water,  or  have  atmospheric  air  blown  throucrh  it,  or  be 
revivified  by  heat.  Used  alone,  animal  charcoal  also  reduces  the 
candle-power  of  the  gas  passed  through  it  and  diminishes  its  bulk. 

The  object  of  my  invention  is  thoroughly  to  purify  illuminating 
gas,  to  make  the  operation  continuous,  atid  to  purify  the  gas 
without  detracting  from  its  illuminating  power,  and  without  caus- 
ing any  appreciable  diminution  in  bulk  ;  and  to  this  end  my 
invention  consists  in  increasing  the  power  of  animal  charcoal  to 
eliminate  from  illuminating  gas  those  substances  which  are  con- 
sidered impurities,  in  charging  the  charcoal  with  a  substance  which 
will  prevent  it  from  depriving  the  gas  of  illuminants,  and  in 
passing  the  gas  to  be  purified  with  atmospheric  air  through  the 
animal  charcoal. 

To  carry  my  invention  into  eftect,  I  moisten  the  charcoal  (which 
may  be  either  new  or  spent)  with  coal-tar,  or  with  coal-tar  and 
water,  or  in  some  cases  with  water  only,  and  then  charge  this  mass 
into  one  or  more  vessels,  which  then  constitute  the  purifiers.  I 
may  put  the  mass  into  the  vessels  while  still  wet,  or,  unless  water 
is  used,  after  it  has  dried.  Through  these  vessels  the  gas  is  to 
pass;  but  before  it  is  admitted  I  introduce  into  it  at  the  retorts,  or 
at  the  stand-pipe  or  mains  beyond,  in  order  to  insure  a  thorough 
admixture,  a  small  quantity  of  atmospheric  air — say,  from  eight 
tenths  to  two  and  a  half  per  cent,  of  the  bulk  of  the  gas  to  be 
purified.  The  quantity  of  air  will  depend  directly  upon  the 
impurities  of  the  gas.  Any  suitable  mixing  device  for  thoroughly 
mixing  the  admitted  air  with  the  gas  may  be  located  at  any  point 
in  the  mains  between  the  retorts  and  the  bone-black  purifers,  or 
even  at  the  point  of  admission  to  the  purifier.  For  water-gas  the 
charcoal  wet  with  water  alone  will  suffice,  air  being  introduced 
into  the  gas. 

*If  no  foreign  patent  has  been  obtained,  the  words  in  parenthesis  should  be 
omitted 


392  PATENT 

The  oxygen  of  the  air  partly  unites  with  the  sulphur  to  form 
soluble  salts,  and  the  rest  cembines  totally  with  the  hydrogen  of 
the  sulphureted  and  other  hydrogen  sulphur  compounds  to  form 
water,  and  part  of  the  sulphur  of  the  sulphureted  hydrogen  and 
other  sulphur  compounds  is  precipitated  in  a  free  state  in  the  char- 
coal, while  its  nitrogen  partly  goes  to  form,  with  part  of  the  re- 
maining hydrogen,  ammonia  bases.  No  free  oxygen  passes  off 
with  the  purified  gas,  while  if  any  nitrogen  goes  over,  the  quantity 
is  so  small  that  it  is  not  detrimental. 

By  the  application  of  air  in  this  manner  the  process  is  rendered 
continuous,  as  the  charcoal  is  kept  constantly  active  for  a  great 
length  of  time. 

When  the  absorbing  power  of  the  charcoal  finally  becomes  ex- 
hausted, it  may  either  be  sold  for  the  valuable  ammoniacal  salts 
it  contains,  or  it  may  be  revivified,  or  be  washed  and  freed  from 
sulphur  by  a  suitable  sulphur  solvent  for  re-use. 

By  charging  the  bone-black  with  coal-tar,  I  prevent  it  from  tak- » 
ing  out  of  the  gas  any  olefiant  gas  or  other  heavy  hydrocarbons 
serving  as  illuminants. 

I  may  treat  the  black,  either  before  or  after  putting  it  into  the 
vessels,  as  may  be  most  convenient  or  suitable,  with  any  substance 
correlative  to  the  illuminants  of  the  gas — that  is,  with  any  sub- 
stance which  will  impregnate  the  black  in  such  a  manner  that  it 
will  not  take  up  such  illuminants.  I  have  particularly  described 
coal-tar  because  that  is  most  readily  at  hand;  but  its  hydrocarbon 
distillates  or  the  benzole  series  will  answer. 

In  the  case  of  coal-gas,  not  ordy  is  the  sulphureted  hydrogen 
with  which  it  is  contaminated  taken  up,  as  just  described,  but  the 
illuminating  power  of  the  gas,  which  is  somewhat  reduced  if  passed 
through  dry  animal  charcoal  or  bone-black,  is  not  decreased  when 
air  is  used  and  the  animal  charcoal  or  bone-black  is  wet  with  tar, 
but  is  actually  improved,  inasnnich  as  it  gives  a  whiter  flame,  ot 
the  same  candle-power  as  the  gas  not  passed  through  animal  char- 
coal or  hone -black  at  all. 

By  the  old  method,  when  purification  was  effected  by  the  use  of 
lime,  the  sulpliureted  hydrogen  and  carbonic  acid  were  absorbed 
by  tlie  lime,  and  the  result  was,  of  course,  a  loss  of  the  original 
bulk  of  the  gas.  Now,  by  my  process  the  sulphur  and  hydrogen 
are  separated,  the  sulphur  remaining  in  the  charcoal  and  the 
hydrogen  passing  through  with  the  gas  wlnle  the  carbonic  acid 
passes  through  entire;  and  although  it  passes  through  unchanged, 
^it  is  sufficiently  carbureted  not  to  detract  from  the  illuminating 
power  of  the  gas.  I  tlms  have  ])ractically  the  same  bulk  of  gas 
after  purification  as  before  this  operation,  and  loss  is  prevented 
without  detriment  to  the  consumer. 

A  striking  advantage  of  my  process  is,  that  it  unites  the  scrub- 
bing and  purifying  operations,  for  the  gas  may  be  passed  directly 
from  tlie  condenser  into  my  purifiers. 

To  eliminate  sulphureted  hydrogen,  1  may  also  mix  wirli  the 
cliarcoal  a  substance  whicli  will   of  itself  decompose   sulphureted 


FOKM8.  393 

hydrogen  contained  in  gas,  such  as  oxide  of  iron,  tin,  manganese 
ore,  etc. 

When  the  gas  issues  from  my  purifiers  it  is  entirely  free  from 
ammoniacal  and  sulphur  compounds,  and  is  nearly  inodorous. 

When  the  charcoal  is  removed  from  the  purifiers  it  is  also 
inodorous,  and  is  in  no  sense  ofiensive  and  disgusting  like  gas- 
lime. 

Having  fully  described  my  invention,  what  I  desire  to  claim, 
and  secure  by  letters  patent  is — 

1.  In  the  purification  of  illuminating  gas  by  means  of  animal 
charcoal,  the  process  of  preventing  absorption  of  illuminauts  of  the 
gas  by  the  charcoal,  which  consists  in  supplying  the  charcoal  with 
a  suitable  correlative  to  such  illurainants,  as  described. 

2.  The  process  of  purifying  illuminating  gas,  which  consists  in 
mixing  the  same  with  air  and  then  passing  it  through  animal  char- 
coal impregnated  with  coal-tar,  all  substantially  as  described. 

AB. 
Witnesses: 

PG, 
J  D. 


13.    For  a  Machine, 

To  all  vihom  it  may  concern: 

Be  it  known  that  I,  A  B,  a  citizen  of  the  United  States  residing 
at  L,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  have 
invented  a  new  and  useful  meat-chopping  machine  (for  which  I 
have  obtained  a  patent  in  Great  Britian,  No.  870,  bearing  date 
June  24,  1878),  of  which  the  following  is  a  specification: 

My  invention  relates  to  improvements  in  meat-chopping  machines 
in  which  vertically  reciprocating  knives  operate  in  conjunction 
with  a  rotating  chopping-block ;  and  the  objects  of  my  improve- 
ments are,  first.  To  provide  a  continuously  lubricated  bearing  for 
the  block;  second,  To  afford  facilities  for  the  proper  adjustment  of 
the  knives  independently  of  each  other  in  respect  to  the  face  of  the 
block;  and,  third,  To  reduce  the  friction  of  the  reciprocating  rod 
which  carries  the  knives. 

L  attain  these  objects  by  the  mechanism  illustrated  in  the  accom- 
panying drawing,  in  which — 

Figure  1  is  a  vertical  section  of  the  entire  machine;  Fig.  2,  a  top 
view  of  the  machine  as  it  appears  after  the  removal  of  the  chop- 
ping-block and  knives;  Fig.  3,  a  vertical  section  of  a  part  of  the 
machine  on  the  line  1,  2  (Fig.  2),  and  Fig.  4  a  detailed  view  in 
perspective  of  the  reciprocating  cross-head  and  its  knives. 

Similar  letters  refer  to  similar  parts  throughout  the  several 
views. 

The  table  or  plate  A,  its  legs  or  standards  B  B,  and  the  hanger 
a,  secured  to  the  under  side  of  the  table,  constitute  the  frame- work 


394  PATENT 

of  the  machine.  In  the  hanger  a  turns  the  shaft  D,  carrying  a 
fly-wheel,  E,  a  crank-pin  on  the  hub  of  which  is  connected  by  a 
link,  J,  to  a  pin  passing  through  a  cross-head,  G,  and  to  the  latter 
is  secured  a  rod,  H,  having  at  its  upper  end  cross-head,  I,  carry- 
ing the  adjustable  chopping-knives  d  d^  referred  to  hereafter. 

The  cross-head  G,  reciprocated  by  the  shaft  D,  is  provided  with 
anti-friction  rollers  e  e,  adapted  to  guides,//,  secured  to  the  under 
side  of  the  table  A,  so  that  the  reciprocation  of  this  cross-head 
may  be  accompanied  with  as  little  friction  as  possible. 

To  the  underside  of  a  wooden  chopping-block,  J,  is  secured  an 
annular  rib,  A,  adapted  to  and  bearing  in  an  annual  groove,  %  in  the 
table  A.  (See  Fig.  2.)  This  annular  groove  or  channel  is  not  of  the 
same  depth  throughout,  but  communicates  at  one  or  more  points 
(two  in  the  present  instance),  with  pockets  or  receptacles  j  j^ 
deeper  than  the  groove  and  containing  supplies  of  oil,  in  contact 
with  which  the  rib  h  rotates  so  that  the  continuous  lubrication  of 
the  groove  and  rib  is  assured.  The  rod  H  passes  through  and  is 
guided  by  a  central  stand  K,  secured  to  the  table  A,  and  project- 
ing through  a  central  opening  in  the  chopping-block  without  being 
in  contact  therewith,  the  upper  portion  of  the  said  stand  being 
contained  within  a  cover,  ^,  which  is  secured  to  the  block,  and 
which  prevents  particles  of  meat  from  escaping  through  tlie  central 
opening  of  the  same. 

The  cross-head  I,  previously  referred  to,  and  shown  in  perspect- 
ive in  Fig.  4,  is  verticUy  adjustable  on  the  rod  H,  and  can  be 
retained  after  adjustment  by  a  set-screw,  .»,  the  upper  end  of  the 
rod  being  threaded  for  the  reception  of  nuts,  which  resist  the 
shocks  imparted  to  the  cross-head  when  the  knives  are  brought 
into  violent  contact  with  the  meat  on  the  chopping-block. 

The  knives  d  d  are  adjustable  independently  of  each  other  and 
of  the  said  cross-head,  so  that  the  coincidence  of  the  cutting-edge 
of  each  knife  with  the  face  of  the  chopping-block  may  always  be 
assured. 

I  prefer  to  carry  out  this  feature  of  my  invention  in  the  manner 
shown  in  Fig.  4,  where  it  will  be  seen  that  two  screw-rods,  m  m, 
rise  vertically  from  the  back  of  each  knife  and  pass  through  lugs 
nn^  on  the  cross-head,  each  rod  being  furnished  with  two  nuts,  one 
above  and  the  other  below  the  lug  through  which  it  passes.  The 
most  accurate  adjustment  of  the  knives  can  be  effected  by  the  ma- 
nipulation of  these  nuts. 

A  circular  casing,  /?,  is  secured  to  the  chopping-block  so  as  to 
form  on  the  same  a  trough,  P,  for  keeping  the  meat  within  proper 
bounds;  and  on  the  edge  of  the  annular  rib  A,  t^ecured  to  the  bot- 
tom of  the  block,  are  teeth  for  receiving  those  of  a  pinion,  q^ 
which  may  be  driven  by  the  shaft  D,  through  the  medium  of  any 
suitable  system  of  gearing,  that  shown  in  the  drawing  forming  no 
part  of  my  present  invention. 

This  shaft  D  maybe  driven  by  a  belt  passing  around  the  pulleys 
5,  or  it  may  be  driven  by  hand  from  a  shaft,  W,  furnished  at  one 


FORMS.  395 

end  with  a  handle,  t^  and  at  the  other  with  a  cog-wheel.  R,  gearing 
into  a  pinion  on  the  said  shaft  D. 

A  platform,  T,  may  be  hinged  as  at-?/^  to  one  edge  of  the  table  A 
to  support  a  vessel  in  which  the  chopped  meat  can  be  deposited. 
The  means  by  which  it  maybe  supported,  and  the  most  convenient 
method  of  disposing  of  it  when  not  in  use,  are  shown  in  Fig.  1. 

I  am  aware  that,  prior  to  my  invention,  meat-chopping  ma- 
chines have  been  made  with  vertically  reciprocating  knives,  oper- 
ating in  conjunction  with  rotating  chopping-blocks.  I,  therefore, 
do  not  claim  such  a  combination  broadly,  but  what  I  do  claim  as 
my  invention,  and  desire  to  secure  by  letters  patent,  is: 

1.  The  combination  in  a  meat-chopping  machine  of  a  rotary 
chopping-block  having  an  annular  rib,  A,  with  a  table  or  plate 
having  an  annular  recess,  i,  and  a  pocket  or  pockets,  j^  communi- 
cating with  the  said  recess,  all  substantially  as  set  forth. 

2.  In  a  meat-chopping  machine  the  combination  of  a  rotary 
chopping-block  with  a  reciprocating  cross-head  carrying  knives  d 
d,  each  of  which  is  vertically  adjustable  on  the  said  cross  head  in- 
dependently of  the  other,  substantially  as  described. 

3.  The  knife  d  having  two  screw-rods,  vi  m^  attached  to  its  back, 
substantially  as  shown,  for  the  purpose  specified. 

4.  The  combination  in  a  meat-chopping  machine  of  the  recipro- 
cating rod  H,  carrying  the  knives  d  d,  the  cross-head  0  secured  to 
the  said  rod  and  having  anti-friction  rollers  c  e^  with  guides  ff^ 
adapted  to  the  said  rollers,  all  substantially  as  set  forth. 

AB. 

Witnesses: 
CD, 
EF. 


14.    For  a  Composition  of  Matter. 

2o  alt  whom  it  may  concern: 

Be  it  known  that  I,  A  B,  a  citizen  of  the  United  States  residing 
at  L,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  have 
invented  a  new  and  useful  composition  of  matter  to  be  used  for 
the  removal  of  hair  and  grease  from  hides  preparatory  to  tanning, 
of  which  the  following  is  a  sfJecification : 

My  composition  consists  of  the  following  ingredients,  combined 
in  the  proportions  stated,  viz. : 

Pure  water , . , 500  gallons. 

Unslacked  lime 32  gallons. 

Soda-ash , 100  pounds. 

Saltpeter 20  pounds. 

Flowers  of  sulphur 10  pounds. 

These  ingredients  are  to  be  thoroughly  mingled  by  agitation. 

In  using  the  above-named  composition  the  hides  should  first  be 


396  PATENT 

freed  from  all  salt  and  impurities,  by  soaking  green  hides  one  day 
and  dry  hides  eight  days,  and  then  placing  the  hides  so  cleaned  in 
the  said  solution,  and  allowing  them  to  remain  in  it  48  hours. 
The  hides  are  tlien  to  be  removed  from  the  solution  and  unhaired 
in  the  usual  way. 

By  the  use  of  the  above  composition  the  hair  is  speedily  and 
thoroughly  loosened,  and  the  hides,  while  retaming  all  of  that 
portion  of  the  substance  which  can  be  converted  into  leather,  are 
at  the  same  time  entirely  cleaned  from  grease  and  other  substances 
which  would  prevent  them  from  being  tanned  quickly. 

I  am  aware  that  a  composition  consisting  of  soda-ash,  water, 
lime,  and  sulphur  has  been  used  for  the  same  purpose,  and  that  a 
patent  therefor  was  granted  to  C  D,  July  10,  1875,  No.  95,726. 
I  am  also  aware  that  saltpeter  has  been  used  in  depilatory  proces- 
ses; but  I  am  not  aware  that  all  of  the  ingredients  of  my  composi- 
tion, in  the  proportions  stated,  have  been  used  together. 

What  I  claim,  and  desire  to  secure  by  letters  patent  of  the 
United  States,  is — 

The  herein  described  composition  of  matter  to  be  used  for  depi- 
lating hides  and  preparing  them  for  being  tanned,  consisting  of 
water,  unslacked  lime,  soda  ash,  saltpeter,  and  flowers  of  sulphur, 
in  the  proportions  specified. 

Witnesses: 

CD, 
EF. 


15.    For  a  Design. 

To  all  whom  it  may  Gonoern  : 

Be  it  known  that  I,  A  B,  a  citizen  of  the  United  States  residing 
atL,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  have 
invented,  and  produced  a  new  and  original  design  for  watch-cases 
or  lockets,  of  which  the  following  is  a  specification,  reference  being 
had  to  the  accompanying  drawings,  forming  part  thereof. 

Figure  1  is  a  sectional  view  of  my  newly  designed  case.  Fig.  2  a 
side  elevation  of  same,  and  Fig  3  an  edge  view,  these  three  views 
being  deemed  necessary  to  fully  illustrate  my  design. 

Heretolore  watch-cases  and  lockets  have  been  made  which 
presented,  when  viewed  in  elevation,  as  in  Fig.  2,  a  scalloped  out- 
line or  periphery,  some  being  made  to  imitate  shells.  In  these 
the  scallops  extend  entirely  across  from  lid  to  lid,  and  in  a  watch- 
case  the  center  which  holds  the  movements  is  also  scalloped  to 
correspond. 

The  leu  dins  feature  of  my  design  consists  in  a  raised  or  "  struck 
up  "  scalloped  surlace,  the  outlines  of  which,  when  viewed  in 
elevation,  as  in  Fig.  2,  will  fall  entirely  within  the  circular  outline 
or  circumference  of  the  center. 


FORMS.  397 

A  is  the  center  of  the  case,  which  is  circular  in  its  general  con- 
tour, and  B  B  are  the  lids.  These  are  also  circular  in  their  outer 
contour,  where  they  join  the  center,  but  have  scallops  C  C  C 
formed  in  some  way  upon  them,  substantially  as  represented  in 
the  several  figures.  The  indented  outline  of  the  scalloped  surface 
falls  within  the  outer  contour-line  of  the  case,  thus  presenting  to 
the  eye  the  combined  effect  of  a  smooth  circular  outline  or  center 
and  an  indented  or  scalloped  outline  within  it. 

I  claim — 

1.  The  design  for  a  watch-case  or  locket  herein  shown  and 
described,  the  same  consisting  of  the  raised  scallops  C  C  C  on  the 
lid,  forming  an  indented  outline  wholly  within  the  circular  outline 
of  the  edge  of  the  lid  and  the  center  A. 

2.  The  design  for  a  watch-case  or  locket  herein  shown  'and 
described,  the  same  consisting  of  a  circular  lid,  B,  having  a  con- 
nected series  of  raised  scallops,  C  C  C,  the  contour  ot  the  same 
being  entirely  within  the  contour  of  the  lid. 

AB. 
Witnesses: 

CD, 
EF. 


16.    For  a  Caveat. 

To  the  Cormnissioner  of  Patents  : 

Be  it  known  that  I,  A  B,  a  citizen  of  the  United  States  residing 
at  L,  in  the  county  of  M,  and  State  of  N  (or  subject,  etc.),  hav- 
ing invented  an  improvement  in  velocipedes,  and  desiring  iurther 
to  mature  the  same,  file  this  my  caveat  therefor,  and  pray  protec- 
tion of  my  right  until  I  shall  have  matured  my  invention. 

The  following  is  a  description  of  my  newly  invented  velocipede, 
which  is  as  full,  clear,  and  exact  as  I  am  able  at  this  time  to  give, 
reference  being  had  to  the  drawing  liereto  annexed. 

This  invention  relates  to  that  class  of  velocipedes  in  which  there 
are  two  wheels  connected  by  a  beam  forming  a  saddle  for  the  rider, 
the  feet  being  applied  to  cranks  that  revolve  the  front  wheel. 

The  object  of  my  invention  is  to  render  it  unnecessary  to  turn 
the  front  wheel  so  much  as  heretofore,  and  at  the  same  time  to 
facilitate  the  turning  of  sharp  curves,  This  I  accomplish  by  fitting 
the  front  and  the  hind  wheels  on  vertical  pivots,  and  connecting 
them  by  means  of  a  diagonal  bar,  as  shown  in  the  drawing,  so 
that  the  turning  of  the  front  wheel  also  turns  the  back  wheel  with 
a  position  at  an  angle  with  the  beams,  thereby  enabling  it  easily 
to  turn  a  curve. 

In  the  drawing,  A  is  the  front  wheel,  B  the  hind  wheel,  and  C 
the  standards  extending  from  the  axle  of  the  front  wheel  to  the 
vertical  pivot  E,  in  the  beam  F.  and  D  is  the  cross-bar  upon  the 


398  .       PATENT 

end  of  E,  hj  which  the  steering  is  done.     The  hind  wheel  B  is 
also  fitted  with  iaws  G  and  a  vertical  pivot  H. 

•"  AB. 


Witnesses: 


CD, 

EF. 


OATHS. 

17.  By  an  Inventor  (to  follow  Specification). 


State  of 


County   of 


ss. 


-,  the   above-named    petitioner      ,  citizen   of 


and  resident  of ,  in  the  county  of and  State  of ,  being 

duly  sworn  (or  affirmed),  depose  and  say  that  ^ verily  believe 

3 to  be  the  original,  first,  and  * inventor  of  the  improve- 
ment in  ^ described  and  claimed  in  the  foregoing  specification; 

that  the  same  has  not  been   patented  to* ,  or  to  others  with 

7__ —  knowledge  or  consent,  except  in  the  following  countries^ 

that  the  same  has  not  to^ knowledge  been  in  public  use 


or  on  sale   in  the  United  States  for  more  than  two  years  prior  to 

this  application,  and  ^° do    not  know  and  do     not  believe  that 

the  same  was  ever  known  or  used  prior  to  " invention  thereof. 

(Inventor's  fnll  name) . 

Sworn  to  and  subscribed  before  me  this day  of 18 — . 

[l.  s.]  (Signature  of  justice  or  notary) 

(Official  character)  • . 

If  the  applicant  be  an  alien,  the  oath  will  show  of  what  foreign 
state  or  sovereign  he  is  a  citizen  or  subject. 

1.  If  the  applicant  be  an  alien,  lie  will  state  of  what  foreign  or  sovereign  state 
he  is  a  citizen  or  subject. 

2.  "  He  "  or  "  they." 

3.  "Himself"  or  "themselves." 

4.  "Sole"  or  "joint.'' 

5.  Insert  title  of  invention. 

6.  "Himself"  or  "themselves." 

7.  "  His"  or  "their." 

8.  Here  insert,  if  previously  patented,  the  country  or  countries  in  which  it  has 
been  so  patented,  giving  the  date  and  number  of  each  patent.  If  not  previously 
patented,  erase  the  words,  "except  in  the  following  countries"  and  insert  the 
words  "  in  any  country." 

9.  "His"  or  "their." 

10.  "He"  or  "they." 

11.  "  His"  or  "their." 


FORMSi.  399 

If  the  applicants  claim  to  be  joint  inventor^.,  the  oath  will  show 
''that  they  verily  believe  themselves  to  be  the  original,  first,  and 
joint  inventors,"  etc. 

If  the  inventor  be  dead,  the  oath  will  be  made  by  the  adminis- 
trator or  executor,  who  will  declare  his  belief  that  the  party  named 
as  inventor  was  the  original  and  first  inventor. 


19.  By  an  Applicant  for  a  Reissue  (Inventor). 

State  of  I,  )    g 

County  of  K.  f 

A  B,  the  above-named  petitioner,  being  duly  sworn  (or  affirmed) 

deposes  and  says  that  he  verily  believes  that  his  aforesaid   letters 

patent  are  inoperative  (or  invalid,  or  both)  by  reason  of  a  defective 

(or  insufficient)  specification  (or  both,  or  by  reason  of  the  patentee 

claiming  as  his  own  invention   or  discovery  more  than  he  had  a 

right  to  claim  as  new)  and  that  the  error  arose  by  inadvertence 

(accident  or  mistake),  without  any  fraudulent  or  deceptive  intent; 

that  he  is  the  sole  owner  of  said  letters  patent  (or,  that  E  F  is 

the  sole  owner  of  said  letters  patent,  and  that  this  application  is 

made  on  the  behalf  and  with  the  consent  of  said  E  F),  and  that  he 

verily  believes  himself  to  be  the  first  and  original  inventor  of  the 

improvement  set  forth  and  claimed  in  this  amended  specification, 

and  does  not  believe  that  the  same  was  ever  before  known  or  used. 

A  B. 

Sworn  to  and  subscribed  before  me  this 
day  of ,  A.  D.  188—. 

C  D. 

[Title  of  offlce.J 


20.  By  an  Applicant  for  a  Reissue  (Assignee). 

To  be  used  only  when  the  inventor  is  dead  or  in  cases  ot  patents 
issued  and  assigned  prior  to  July  8,  1870: 

State  of  I,  [ 

County  of  K.  f  ®^- 

A  B  and  C  D,  the  above-named  petitioners,  being  duly  sworn 
(or  affirmed),  depose  and  say  that  they  verily  believe  that  the 
aforesaid  letters  patent  granted  to  E  F,  are  (here  follows  Form  19, 
mutatis  mutandis)-^  that  the  entire  title  to  said  letters  patent  is 
vested  in  them;  and  that  they  verily  believe  the  said  E  F  to  be 
the  first  and  original  inventor  of  the  invention  set  forth  and  claimed 


400  »ATENT 

in  the  foregoing  amended    specification ;  and  that  the  said  E   F  is 

now  deceased. 

A  B, 
C  D. 

Bwom  to  and  subscribed  before   me, 
this  14th  day  of  November,  18 — . 

A  B. 

[Title  of  office.] 


21.     Supplemental  Oath  to  Accompany  a  Ne"w  or  an  En- 
larged Claim. 

State  of  I,  ) 

County  of  K.  f  ^''• 

A  B,  whose  application  for  letters  patent  for  an  improvement  in 
seed  drills  (Serial  Number  4526)  was  filed  in  the  United  States 
Patent-Office  on  or  about  the  15th  day  of  March,  1869,  being  duly 
sworn  (or  affirmed),  deposes  and  says  that  he  verily  believes  him- 
self to  be  the  original  and  first  inventor  of  the  improvement  as 
described  and  claimed  in  the  foregoing  amendment,  in  addition  to 
that  which  was  embraced  in  the  claims  originally  made,  and  that 
he  does  not  know  and  does  not  believe  that  the  same  was  ever 
before  known  or  used,  and  that  the  matter  sought  to  be  inserted 
formed  a  part  of  his  original  invention  at  the  date  of  filing  said 
application. 

A  B. 

Sworn  to  and  subscribed  before  me,  this 
11th  day  of  July,  1870. 

C  D. 
[Official  title.] 


32.    Oath  as  to  the  Loss  of  Iietters  Patent. 

State  of  I,  )    g 

County  of  K.  j 
A  B,  of  said  county,  being  duly  sworn  (or  affirmed),  doth  de- 
pose and  say  that  the  letters  patent  No.  12,213,  granted  to  him, 
and  bearing  date  on  the  9th  day  of  January,  a.  d.  1855,  have  been 
either  lost  or  destroyed;  that  he  has  made  diligent  search  for  the 
said  letters  patent  in  all  places  where  the  same  would  probably  be 
found,  if  existing,  and  that  he  has  not  been  able  to  find  them. 
^  A  B. 

Bubscribed  and  sworn  to  before  me,  this 
fifth  day  of  October,  1878. 

C  D. 
[Official  title.1 


FOKMS.  401 

23.     Oath   of  Administrator   as  to   the   Loss  of  Letters 

Patent. 

State  of  I,  ) 

County  of  K.  f  ^^• 
A  B,  of  said  county,  being  duly  sworn,  doth  depose  and  say  that 
he  is  administrator  of  the  estate  of  E  F,  deceased,  late  of  L,  in 
said  county;  that  the  letters  patent  No.  12,219,  granted  to  said 
E  F,  and  bearing  date  of  the  9th  day  of  January,  a.  d.  1855,  have 
been  lost  or  destroyed,  as  he  verily  believes;  that  he  has  made 
diligent  search  for  the  said  letters  patent  in  all  places  where  the 
same  would  probably  be  found,  if  existing,  and  especially  among 
the  papers  of  the  decedent,  and  that  he  has  not  been  able  to  find 
said  letters  patent. 

AB, 
Adnnin'istrator^  etc. 

Subscribed  and  sworn  to  before  me,  this 
fifth  day  of  October,  1878. 

C  D. 
[Official  title.l 


24.    Power  of  Attorney  after  Application  Filed. 

If  the  power  of  attbrney  be  given  at  any  time  other  tlian  that  of 
making  application  for  letters  patent,  it  will  be  in  substantially  the 
following  form: 

To  the  Commissioner  of  Patents: 

The  undersigned  having,  on  or  about  the  20th  day  of  July,  1869, 
made  application  for  letters  patent  for  an  improvement  in  horse- 
powers (serial  number  982),  hereby  appoints  C  D,  of  L,  in  the 
county  of  M,  and  State  of  N^  his  attorney,  with  full  power  of  sub- 
stitution and  revocation,  to  prosecu-te  said  application,  to  make 
alterations  and  amendments  therein,  to  receive  the  patent,  and  to 
transact  all  business  in  the  patent  office  connected  therewith. 

Signed  at  L,  in  the  county  of  M,  State  of  N,  this  6th  day  of  June. 
1879. 

A  B. 


25.    Revocation  of  Power  of  Attorney. 

To  the   Commissioner  of  Patents: 

The  undersigned  having,  on  or  about  the  26th  day  of  December, 
-867,  appointed  C  D,  of  L,  in  the  county  of  M,  and  State  of  N,  his 
attorney  to  prosecute  an  application  for  letters  patent,  which  appli- 
cation was  filed  on  or  about  the  1st  day  of  June,  1868,  for  an  im- 

26  .7  5  5 


402  PATENT 

provement  in  the  running  gear  of  wagons  (serial  aumber  870), 
hereby  revokes  the  power  of  attorney  then  given. 

Signed  at  L,  in  the  county  of  M,  and  State  of  N,  this  21st  day 
of  July,  1869. 

AB. 


26.    Amendment.* 

To  the  Commissioner  of  Patents: 

In  the  matter  of  my  application  for  letters  patent  for  an  im- 
provement in  sewing-machines,  tiled  May  1,  1879  (serial  number 
540),  I  hereby  amend  my  specification  as  follows: 

Bj  striking  out  all  between  the  5th  and  20th  lines,  inclusive,  of 
page  3; 

By  inserting  the  words  connected  loith  after  the  word  "  and  "  in 
the  Isfc  line  of  the  2d  claim;  and 

By  striking  out  the  3d  claim,  and  substituting  therefor  the  fol- 
lowing: 

"3.  The  combination,  with  the  driving-shaft,  the  needle-bar, 
and  mechanism  for  reciprocating  the  same,  of  the  shuttle-carrier, 
the  shuttle-lever,  and  a  cam  carried  by  the  driving- shaft,  whereby 
the  proper  reciprocating  movement  is  imparted  to  the  shuttle- 
carrier,  and  the  needle-bar  is  caused  to  operate  in  unison  there- 
with, substantially  as  described." 

Signed  at  L,  in  the  county  of  M,  and  State  of  N. 

AB, 

His  Attorney  in  fact. 


DISCLAIMERS. 


37.    Disclaimer  after  Patent. 

To  the  Commissioner  of  Patents  : 

Your  petitioner,  A  B,  a  citizen  of  the  United  States,  residing 
at  L,  in  the  county  of  M,  and  State ^ of  N  (or  subject,  etc.),  rep- 
resents that  in  the  matter  ol  a  certain  improvement  in  printing 
presses,  for  which  letters  patent  of  the  United  States  No.  75,000 
were  granted  to  C  D,  on  the  12th  day  of  June,  1879,  he  is  (here 
state  tljc  exact  interest  of  the  disclaimant;  if  assignee,  set  out  liber 

*  Note. — In  the  preparation  of  all  amendments  a  separate  paragraph  should  be 
devoted  to  each  distinct  erasure  or  insertion,  in  order  to  aid  the  office  in  making 
the  entry  of  the  amendment  into  the  case  to  which  it  pertains. 


FORMS.  403 

and  page  where  assignment  is  recorded),  and  that  he  has  reason  to 
believe  that,  through  inadvertence  (accident  or  mistake),  the  speci- 
iication  and  claim  of  said  letters  patent  are  too  broad,  including 
that  of  which  said  patentee  was  not  the  first  inventor.  Your  peti- 
tioner, therefore,  liereby  enters  his  disclaimer  to  that  part  of  the 
claim  in  said  specification  which  is  in  the  following  words,  to  wit: 
"I  also  claim  the  sleeves  A  B,  having  each  a  friction  cam,  C, 
and  connected,  respectively,  by  means  of  chains  or  cords  K  L  and 
M  N,  with  an  oscillatory  lever,  to  operate  substantially  as  herein 
shown  and  described." 

AB. 

Witness  : 

CD. 


28.    Disclaimer  During  Interference. 

INTERFERENCE. 

A  B,    ) 

vs.      ]■  Before  the  examiner  of  interferences. 
C  D.    ) 

Subject-matter  :  Sewing-machines. 
To  the  Commissioner  of  Patents: 

Sir — In  the  matter  of  the  interference  above  noted,  under  the 
provisions  of  and  for  the  purpose  set  forth,  I  disclaim  (set  forth 
the  matter  as  given  in  declaration  of  interference),  as  I  am  not  the 
first  inventor  thereof,  and  Therewith  transmit  an  amendment  to 
my  application  (serial  number  1556),  for  the  purpose  of  having 
the  above  disclaimer  embodied  as  part  of  my  specification. 

Signed  at  L,  in  the  county  of  M,  and  State  of  N,  this  15th  day 
of  June,  1879. 

A  B. 

Witnesses  : 
EF, 
GH. 


ASSIGNMENTS. 

37.  Of  an  Entire  Interest  in  an  Invention  Before  the  Is- 
sue of  Letters  Patent. 

Whereas  I,  A  B,  of  L,  county  of  M,  State  of  N",  have  invented 
a  certain  new  and  useful  improvement  in  harvesters  (giving  title  of 
the  same),  for  which  I  am  about  to  make  application  for  letters 
patent  of  the  United  States ;  and  whereas  G  D,  of  R,  county  of  S, 


404  PATENT 

State  of  N,  is  desirous  of  acquiring  an  interest   in  said  invention, 
and  in  the  letters  patent  to  be  obtained  therefor  : 

N^ow,  therefore,  to  all  whom  it  may  concern,  be  it  known  that, 
for  and  in  consideration  of  the  sum  of  five  thousand  dollars  to  me 
in  hand  paid,  the  receipt  of  v/hich  is  hereby  acknowledged,  1,  the 
said  A  B,  have  sold,  assigned,  and  transferred,  and  by  these 
presents  do  sell,  assign,  and  transfer  unto  the  said  G  D,  the  full 
and  exclusive  right  to  the  said  invention,  as  fully  set  forth  and 
described  in  the  specification  prepared  and  executed  by  me  pre- 
paratory to  obtaining  letters  patent  of  the  United  States  therefor; 
and  I  do  hereby  authorize  and  request  the  Commissioner  of  Patents 
to  issue  the  said  letters  patent  to  the  said  G  D,  as  the  assignee  of 
my  entire  right,  title,  and  interest  in  and  to  the  same,  for  the  sole 
use  and  behoof  of  the  said  G  D.  and  his  legal  representatives. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  aflixed 
my  seal  this  4th  day  of  May,  a.  d.  1879. 

A  B.     [seal.] 

In  ])re8ence  of — 
O  P, 
S  T. 


38.  Of  the  Entire  Interest  in  Letters  Patent. 

Whereas  I,  A  B,  of  L,  county  of  M,  State  of  N,  did  obtain  let- 
ters patent  of  the  United  States  for  an  improvement  in  car-wheels, 
which  letters  patent  are  numbered  95,000,  and  bear  date  the  5th 
day  of  June,  in  the  year  one  thousand  eight  hundred  and  sixty-nine; 
and  whereas  I  am  now  the  sole  owner  of  said  patent  and  of  all 
rights  under  the  same;  and  whereas  E  F,  of  R,  county  of  S,  State 
of  N,  is  desirous  of  acquiring  the  entire  interest  in  the  same: 

Now,  therefore,  to  all  whom  it  may  concern,  be  it  known  that, 
for  and  in  consideration  of  the  sum  of  five  thousand  dollars  to  me 
in  hand  paid,  the  receipt  of  which  is  hereby  acknowledged,  I,  the 
said  C  D,  have  sold,  assigned,  and  transferred,  and  by  these 
presents  do  sell,  assign,  and  transfer  unto  the  said  E  F,  the  whole 
right,  title,  and  interest  in  and  to  the  said  improvement  in  car- 
wheels,  and  in  and  to  the  letters  patent  therefor  aforesaid;  the 
same  to  be  held  and  enjoyed  by  the  said  E.  F,  for  his  own  use  and 
behoof,  and  for  the  use  and  behoof  of  his  legal  representatives,  to 
the  full  end  of  the  term  for  which  said  letters  patent  are  or  may  be 
granted  (thus  including  extension),  as  fully  and  entirely  as  the 
same  would  have  been  held  and  enjoyed  by  me  had  this  assign- 
ment and  sale  not  been  made. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed 
my  seal  at  L,  in  the  county  of  M,  and  State  of  N,  tliis  25tli  day  of 
July,  A.  T).  1878. 

A  B.     [seal.) 

In  presence  of— 
N  P, 
OT. 


FORMS.  405 

39.    Of  an  Undivided  Interest  in  Letters  Patent. 

Whekeas,  I,  A  B,  of  L.  county  of  M,  State  of  N,  did  obtain 
letters  patent  of  the  United  States  for  an  improvement  in  hay- 
rakes,  which  letters  patent  are  numbered  89, 920,  and  bear  date 
the  3d  day  of  August,  in  the  year  one  thousand  eight  hundred  and 
sixty;  and  whereas,  C  D,  of  II,  county  of  S  State  of  N,  is  desir- 
ous of  acquiring  an  interest  in  tlie  same: 

Now,  therefore,  to  all  whom  it  may  concern,  be  it  known  that, 
for  and  in  consideration  of  the  sum  of  five  hundred  dollars  to  me 
in  hand  paid,  the  receipt  of  which  is  hereby  acknowledged,  I,  the 
said  A  B,  have  sold,  assigned,  and  transferred,  and  by  these  pres- 
ents do  sell,  assign,  and  transfer  unto  the  said  D  E,  the  undivided 
one-half  part  of  the  whole  right,  title,  and  interest  in  and  to  the 
said  invention,  and  in  and  to  the  letters  patent  therefor  aforesaid; 
the  said  undivided  one-half  part  to  be  held  and  enjoyed  by  the 
said  C  D,  for  his  own  use  and  behoof,  and  for  the  use  and  behoof 
of  his  legal  representatives,  to  the  full  end  of  the  term  for  which 
said  letters  patent  are  or  may  be  granted  (thus  including  extension) 
as  fully  and  entirely  as  the  same  would  have  been  held  and  en- 
joyed by  me  had  this  assignment  and  sale  not  been  made. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  aflSxed 
my  seal  at  L.  in  the  county  of  M,  aud  State  of  N,  this  Ttli  day  of 
June   A   D.  1862. 

A  B.     [seal.] 
In  the  presence  of — 
N  P, 
OT. 


40.    Territorial  Interest  After  Grant  of  Patent. 

Whereas,  I,  A  B,  of  L,  county  of  M,  State  of  N,  did  obtain 
♦  letters  patent  of  the  United  States  for  improvement  in  grain-hind- 
ers, which  letters^  patent  are  numbered  87,564  and  bear  date  the 
8th  day  of  June,  in  the  year  one  thousand  eight  hundred  and  sixty; 
and  whereas  I  am  now  the  sole  owner  of  the  said  patent  and  of  all 
rights  under  the  same  in  the  below-recited  territory;  and  whereas 
C  D,  of  R,  county  of  S,  State  of  N,  is  desirous  of  acquiring  an 
interest  in  the  same: 

Now,  therefore,  to  all  whom  it  may  concern,  be  it  known  that, 
for  and  in  consideration  of  the  sum  of  live  thousand  dollars  to  me 
in  hand  paid,  the  receipt  of  which  is  hereby  acknowledged,  I,  the 
said  A  B,  have  sold,  assigned  and  transferred,  and  by  these  pres- 
ents do  sell,  assign,  and  transfer  unto  the  said  C  D,  all  the  right, 
title,  and  interest  in  and  to  the  said  invention,  as  secured  to  me  by 
said  letters  patent,  for,  to,  and  in  the  State  of  JST,  and  for,  to,  or  in 
no  other  place  or  places;  the  same  to  be  held  and  enjoyed  by  the 
said  C  D  within  and  throughout  the  above-specified  territory,  but 
not  elsewhere,  for  his  own  use  and  behoof,  and  for  the  use  and  be- 


406  PATENT   FORMS. 

hoof  of  his  legal  representatives,  to  the  full  end  of  the  term  for 
which  said  letters  patent  are  or  may  be  sjranted  (thus  including 
extension)  as  fully  and  entirely  as  the  same  would  have  been  held 
and  enjoyed  by  me  had  this  assignment  and  sale  not  been  made. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed 
my  seal  at  L,  in  the  county  of  M,  and  State  of  N,  this  3d  day  of 
May,  A.  n.  1881. 

A  B.     [seal.] 

[n  the  presence  of — 
ST, 
R  D. 


41.    liicenseAShop-Right. 

In  consideration  of  the  sum  of  fifty  dollars,  to  be  paid  by  the 
firm  of  S  J  &  Co.,  of  L,  in  the  county  of  M,  State  of  N,  I  do 
hereby  license  and  empower  the  said  S  J  &  Co.  to  manufacture  in 
said  L  (  or  other  place  agreed  upon)  the  improvement  in  cotton- 
seed planters,  for  which  letters  patent  of  the  United  States  No. 
71,846  were  granted  to  me,  November  13,  1868,  and  to  sell  the 
machines  so  manufactured  throughout  the  United-  States,  to  the 
full  end  of  the  term  for  which  said  letters  patent  are  granted. 

Signed  at  L,  in  the  county  of  M,  and  State  of  N,  this  22d  day 
of  April,  1869. 

AB 


42.    License— Not  Exclusive— With  Royalty. 

This  agreement,  made  this  12th  day  of  September,  1868,  be- 
tween A  B,  of  L,  in  the  county  of  M,  and  State  of  N,  party  of 
tlie  first  part,  and  C  D  &  Co.,  of  O,  in  the  county  of  R,  and  State 
of  S,  party  of  the  second  part,  witnesseth,  that  whereas  letters  pat- 
ent of  the  United  States  No.  67,540,  for  an  improvement  in  horse- 
rakes  were  granted  to  the  party  of  the  first  part,  dated  October  4, 
1867;  and  whereas  the  part}'  of  the  second  part  is  desirous  of  man- 
ufacturing horse-rakes,  containing  said  patented  improvement; 
now,  therefore,  the  parties  have  agreed  as  follows: 

I.  The  party  of  the  first  part  hereby  licenses  and  empowers  the 
party  of  the  second  part  to  manufacture,  subject  to  the  conditions 
hereinafter  named,  at  their  factory  in  O,  and  in  no  other  place  or 
places,  to  the  end  of  the  term  for  which  said  letters  patent  were 
granted,  horse-rakes  containing  the  patented  improvements,  and 
to  sell  the  same  within  the  United  States. 

II.  The  y)arty  of  the  second  part  agrees  to  make  full  and  true 
returns  to  tlie  party  of  the  first  part,  under  oath,  upon  the  first 
days  of  July  and  January  in  each  year,  of  all  horse-rakes  contain- 
ing the  patented  improvements  manufactnred  by  them. 

III.  The  party  of  the  second  part  agrees  to  pay  to  the  party  of 


trAde-makks.  4.07 

the  first  part  five  dollars  as  a  license-fee  upon  every  liorse-rake 
manufactured  by  said  party  of  the  second  part  containing  the  pat- 
ented improvements:  Provided^  That  if  the  said  fee  be  paid  upon 
the  days  provided  herein  for  semi-annual  returns,  or  withiti  ten 
days  thereafter,  a  discount  of  fifty  per  cent,  shall  be  made  from 
said  fee  for  prompt  payment. 

IV.  Upon  a  failure  of  the  party  of  the  second  part  to  make  re- 
turns or  to  make  payment  of  license-fees,  as  herein  provided  for 
thirty  days  after  the  days  herein  named,  the  party  of  the  first  part 
may  terminate  this  license  by  serving  a  written  notice  upon  the 
party  of  the  second  part;  but  the  party  of  the.  second  part  shall  not 
thereby  be  discharged  from  any  liability  to  the  party  of  the  first 
part  for  any  license  fees  due  at  the  time  of  the  service  of  said 
notice". 

In  witness  whereof  the  parties  above  named  have  hereunto  set 
their  hands  the  day  and  year  first  above  written,  at  L,  in  the 
county  of  M,  and  State  of  N. 

AB, 

C  D  &  Co. 


THE  LAW  OF  TRADE-MARKS. 

In  the  statute  of  July  8,  1870,  for  trade-marks,  the  following  are 
the  important  sections. 

Sec.  77.  And  he  it  further  enacted^  That  any  person  or  firm 
domiciled  in  the  United  States,  and  any  corporation  created  by  the 
authority  of  the  United  States,  or.of  any  State  or  Territory  thereof, 
and  any  person,  firm,  or  corporation  resident  of,  or  located  in,  any 
foreign  country  which  by  treaty  or  convention  affords  similar  privi- 
leges to  citizens  of  tiie  United  States,  and  who  are  entitled  to  the 
exclusive  use  of  any  lawful  trade-mark,  or  who  intend  to  adopt  and 
use  any  trade-mark  for  exclusive  use  within  the  United  States, 
may  obtain  protection  for  such  lawful  trade-mark  by  complying 
with  the  following  requirements,  to  wit: 

1.  By  causing  to  be  recorded  in  the  patent  office  the  names  of 
the  parties,  and  their  residences  and  places  of  business,  who  desire 
the  protection  of  the  trade-mark. 

2.  The  class  of  merchandise  and  the  particular  description  ot 
goods  comprised  in  such  class ,  by  which  the  trade-mark  has  been, 
or  is  intended  to  be,  appropriated. 

3.  A  description  of  the  trade-mark  itself,  with  fao-siiniles 
thereof,  and  the  mode  in  which  it  has  been,  or  is  intended  to  be, 
applied  and  used. 


408  PRINTS    AND    LA.BELS. 

4.  The  length  of  tune,  if  any,  during  which  the  trade-mark  has 
been  used. 

5.  The  payment  of  a  fee  of  twenty-five  dollars,  in  the  same 
manner  and  for  the  same  purpose  as  the  fee  required  for  patents. 

6.  The  compliance  with  such  regulations  as  may  be  prescribed 
by  the  Commissioner  of  Patents. 

7.  The  filing  of  a  declaration,  under  the  oath  of  the  person,  or  of 
some  member  of  the  firm,  or  officer  of  the  corporation,  to  the  effect 
that  the  party  claiming  protection  for  the  trade-mark  has  a  right 
to  the  use  of  the  same,  and  that  no  other  person,  firm,  or  corpora- 
tion has  the  right  to  such  use,  either  in  the  identical  form,  or  hav- 
ing such  near  resemblance  thereto  as  might  be  calculated  to 
deceive,  and  that  the  description  and  facsimiles  presented  for 
record  are  true  copies  of  the  trade-mark  sought  to  be  protected. 

Trade-marks  remain  in  force  thirty  years,  except  on  articles  not 
manufactured  in  this  country,  but  expire  at  the  time  of  expiration 
in  any  foreign  country. 

All  necessary  petitions,  specifications,  declarations,  and  oaths 
for  signature  of  applicant,  together  with  how  to  sign,  will  be  fur- 
nished by  the  patent  office  at  Washington. 

Tlie  right  to  use  such  trade-mark  is  transferable  by  assignment 
in  the  same  manner  as  patents. 

All  reproduction,  counterfeiting,  copying,  or  imitating  any  such 
trade-mark  and  afiixliigthe  same  to  goods  of  substantially  the  same 
descriptive  properties  and  qualities  as  those  referred  to  in  the 
registration,  subjects  the  party  using  the  same  to  an  action  for 
damages  in  any  court  of  competent  jurisdiction  in  the  United 
States. 


REGISTRATION  OF  PRINTS  AND  LABELS. 

By  an  act  of  Congress  approved  June  18,  1874,  it  is  provided 
that  certain  prints  and  labels  may  be  registered  in  the  patent 
ofiice. 

Sec.  3.  That  in  the  construction  of  this  act  the  words  "  engrav- 
ing," "cut,"  and  "print"  shall  be  applied  only  to  pictorial  illus- 
trations or  works  connected  with  the  fine  arts,  and  no  prints  or 
labels  designated  to  be  used  for  any  other  articles  of  manufacture 
shall  be  entered  under  the  copyright  law,  but  may  be  registered 
in  the  patent  office.  And  the  Commissioner  of  Patents  is  hereby 
charged  with  the  supervision  and  control  of  the   entry  or  registry 


PRINTS    AND    LABELS.  409 

of  such  prints  or  labels,  in  conformity  with  the  regulations  pro- 
vided by  law  as  to  copyright  of  prints,  except  that  there  shall  be 
paid  for  recording  the  title  of  any  print,  or  label,  not  ;i  trade- 
mark, six  dollars,  which  shall  cover  the  expense  of  furnishing  a 
copy  of  the  record  under  the  seal  of  the  Commissioner  of  Patents, 
to  the  party  entering  the  same. 

Sec.  5.  That  this  act  shall  take  effect  on  and  after  the  first  day 
of  August,  eighteen  hundred  and  seventy-four. 

Approved,  June  18,  1874. 

By  the  word  "print,"  as  used  in  the  said  act,  is  meant  any 
device,  picture,  word  or  words,  figure  or  figures  (not  a  trade-mark) 
impressed  or  stamped  directly  upon  the  articles  of  manufacture,  to 
denote  the  name  of  the  manufacturer,  or-  place  of  manufacture, 
style  of  goods,  or  other  matter. 

By  the  word  "  label,"  as  therein  used,  is  meant  a  slip  or  piece 
of  paper,  or  other  material,  to  be  attached  in  any  manner  to  manu- 
factured articles,  or  to  bottles,  boxes,  and  packages  containing 
them,  and  bearing  an  inscription  (not  a  trade-mark),  as,  for 
example,  the  name  of  the  manufacturer  or  the  place  of  manufacture, 
the  quality  of  goods,  directions  for  use,  etc. 

By  the  words  "articles  of  manufacture,"  to  which  such  print  or 
label  is  applicable  by  said  act,  are  meant  all  vendible  commodities 
produced  by  hand,  machinery,  or  art. 

But  no  sucli  print  or  label  can  be  registered  unless  it  properly 
belongs  to  an  article  of  commerce,  and  be  as  above  defined;  nor  can 
the  same  be  registered  as  such  print  or  label  when  it  amounts  in 
law  to  a  technical  trade-mark. 

To  entitle  the  owner  of  any  such  print  or  label  to  register  the 
same  in  the  patent  ofiice,  it  is  necessary  that  five  copies  of  the 
same  be  filed,  one  of  which  copies  shall  be  certified  under  the  seal 
of  the  Commissioner  of  Patents,  and  returned  to  the  registrant. 


Form  of  Application  for  Registration. 

FOR    AN    INDIVIDUAL. 

To  the  Commissioner  of  Patents: 

The  undersigned,  John  Fisher,  of  the  city  of  Brooklyn,  county 
of  Alameda,  and  State  of  California,  and  a  citizen  of  the  United 
States  (or  resident  therein,  as  the  case  may  be),  hereby  furnishes 
five  copies  of  a  print  (or  "label,"  as  the  case  may  be),  of  which  he 
is  the  sole  proprietor. 


410  COPYRIGHTS. 

The  said  print  (or  "label'')  consists  of  the  words  and  figures  as 
follows,  to  wit :  (Description.) 

And  he  hereby  requests  that  the  said  print  be  registered  in  the 
patent  office,  in  accordance  with  the  act  of  Congress  to  that  effect, 
apuroved  June  18,  1874. 

Brooklyn^  Cal.^  August  1,  1879.  Proprietor. 


Form  for  a  Corpoi^ation. 

The  applicant,  a  corporation  created  by  authority  of  the  laws  of 

the  State  of (as  the  case  may  be),  and  doing  business  in  said 

State,  hereby  furnishes  five  copies  of  a  label  (or  "print,"  as  the 
case  may  be),  of  which  it  is  the  sole  proprietor. 

The  said  label  consists  of  the  words  and  figures  as  follows,  to 
wit :  (Description.) 

And  it  is  hereby  requested  that  the  said  label  be  registered  in 
the  patent  office,  in  accordance  with  the  act  of  Congress  to  that 
efiect,  approved  June  18,  1874. 

Witness  the  seal  of  the  said  corporation  at , ,  1879. 


[seal.]  President  (or  other  officer). 

The  certificate  of  such  registration  will  continue  in  I'orce  for 
twenty-eight  years. 

The  fee  for  registration  of  a  print  or  label  is  six  dollars,  to  be 
paid  in  the  same  manner  as  fees  for  patents. 

The  benefits  of  this  act  seem  to  be  confined  to  citizens,  or  resi- 
dents, of  the  United  States. 


DIRECTIONS  FOE,  SECURING  COPYRIGHTS  UNDER 
THE  REVISED  ACTS  OF  CONGRESS. 

1.  K  printed  copy  of  the  title  of  the  book,  map,  chart,  dramatic 
or  musical  composition,  engraving,  cut,  print,  photograph,  or  a 
description  of  the  painting,  drawing,  chromo,  statue,  statuary,  or 
model  or  design  for  a  work  of  the  fine  arts,  for  which  copyright  is 
desired,  must  be  sent  by  mail  or  otherwise,  prepaid^  addressed 

Librarian  of  Congress, 

Washington,   D.    C. 

This  must  bo  done  before  publication  of  the  book  or  other  ar- 
ticle.    No  entry  can  he  made  of  a  written  title. 

2.  A  fee  of  fifty  cents,  for  recording  the  title  of  each  book  or 
other  article,  must  be  inclosed  with  the  title  as  above,    and  fifty 


COPYRIGHTS.  413 

cents  in  addition  (or  one  dollar  in  all)  for  each  certificate  of  copv 
right  imder  seal  of  the  Librarian  of  Congress,  which  will  be  trans- 
mitted by  early  mail. 

3.  Within  ten  days  after  publication  of  each  book  or  other  ar- 
ticle, two  complete  copies  of  the  best  edition  issued  must  be  sent, 
to  perfect  the  copyright,  with  the  address 

Librarian  of  Congress, 

Washington,  D.  C. 

The  postage  must  be  prepaid,  or  else  the  publications  inclosed 
in  parcels  covered  by  printed  penalty  labels,  furnished  by  the 
Librarian,  in  which  case  they  will  come  free  by  mail,  according 
to  rulings  of  the  Post-oflBce  Department.  Without  the  deposit  of 
copies  required  the  copyright  is  void,  and  a  penalty  of  $25  is  in- 
curred.    No  copy  is  required  to  be  deposited  elsewhere. 

No  copyright  is  valid  unless  notice  is  given  by  inserting  in  every 
copy  published,  on  the  title  page  or  the  page  following,  if  it  be  a 
book;  or  if  a  map,  chart,  musical  composition,  print,  cut,  engraving, 
photograph,  painting,  drawing,  chromo,  statue,  statuai-y,  or  model 
or  design  intended  to  be  perfected  as  a  work  of  the  fine  arts,  by  in- 
scribing upon  some  portion  thereof,  or  on  the  substance  on  which 
the  same  is  mounted,  the  following  words,  viz. :  Entered  according 

to  act  of  Congress,   in  the  year ,,  hy ,  in  the  office  of  the 

Librarian  of  Congress,  at  Washington, "  or,  at  the  option  of  the 
person  entering  the  copyright,  the  words:  '-''Copyright,  18 — , 
ly ." 

The  law  imposes  a  penalty  of  $100  upon  any  person  who  has 
not  obtained  copyright  who  shall  insert  the  notice  ^'Entered  ac- 
cording to  act  of  Congress,'^  or  '^  Copy  right, ^^  etc.,  or  words  of  the 
same  import,  in  or  upon  any  book  or  other  article. 

5.  Any  author  may  reserve  the  right  to  translate  or  to  drama- 
tize his  own  work.  In  this  case,  notice  should  be  given  by  printing 
the  words,  '•^ Right  of  translation  reserved,''^  or,  ^'-Alhrights  re. 
served,^'  below  the  notice  of  copyright  entry,  and  notifying  the  Li- 
brarian of  Congress  of  such  reservation,  to  be  entered  upon  the 
record. 

The  original  term  of  copyright  runs  for  twenty-eight  years. 
Within  six  months  before  the  end  of  that  time,  the  author  or  de- 
signer, or  his  widow  or  children,  may  secure  a  renewal  for  the 
further  term  of  fourteen  years,  making  forty-two  years  in  alL 
Applications  for  renewal  must  be  accompanied  by  explicit  state- 


412  COPYRIGHTS. 

ment  of  ownership,  in  the  case  of  the  author,  or  of  relationship,  in 
the  case  of  his  heirs,  and  must  state  definitely  the  date  and  place 
of  entry  of  the  original  copyright. 

7.  The  time  within  which  any  work  entered  for  copyright  may 
be  issued  from  the  press  is  not  limited  by  any  law  or  regulation, 
but  depends  upon  the  discretion  of  the  proprietor.  A  copyright 
may  be  secured  for  a  projected  work  as  well  as  for  a  com- 
pleted one. 

8.  A  copyright  is  assignable  in  law  by  any  instrument  of  writing, 

but  such  assignment  must  be  recorded  in  the  office  of  the  Librarian 
of  Congress  within  sixty  days  from  its  date.  The  fee  for  this 
record  and  certificate  is  one  dollar,  and  for  a  certified  copy  of  any 
record  of  assignment  one  dollar. 

9.  A  copy  of  the  record  (or  duplicate  certificate)  of  any  copyright 
entry  will  be  furnished,  under  seal,  at  the  rate  of  fifty  cents  each. 

10.  In  the  case  of  books  published  in  more  than  one  volume,  or 
of  periodicals  published  in  numbers,  or  of  engravings,  photographs, 
or  other  articles  published  with  variations,  a  copyright  is  to  be  en- 
tered for  each  volume  or  part  of  a  book,  or  number  of  a  periodical, 
or  variety,  as  to  style,  title  or  inscription,  of  any  other  article. 

11.  To  secure  a  copyright  for  a  painting,  statue,  or  model  or  de- 
sign intended  to  be  perfected  as  a  work  of  the  fine  arts,  so  as  to 
prevent  infringement  by  copying,  engraving,  or  vending  such  de- 
sign, a  definite  description  must  accompany  the  application  for 
copyright,  and  a  phothograph  of  the  same,  at  least  as  large  as 
"cabinet  size,"  should  be  mailed  to  the  Librarian  of  Congress 
within  ten  days  from  the  completion  of  the  work  or  design. 

12.  Copyrights  cannot  be  granted  upon  trade-marks,  nor  upon 
labels  intended  to  be  used  with  any  article  of  manufacture.  If 
protection  for  such  prints  or  labels  is  desired,  application  must  be 
made  to  the  patent  office,  where  they  are  registered  at  a  fee  of  $6 
for  labels  and  $25  for  trade-marks. 

12.  Every  applicant  for  a  copyright  must  state  distinctly  the 
name  and  residence  of  the  claimant,  and  whether  the  right  is 
claimed  as  author,  designer,  or  proprietor.  No  affidavit  or  formal 
application  is  required. 

Office  of  the  Librarian  of  Congress, 
Washington^  1883. 


CHAPTER  XVI. 

BOOK-KEEPING,      LEGAI.    WEIGHTS     AND    MEAS- 
URES AND  POSTAL  RATES  AND  REGUIiATIONS. 

The  art  of  book-keeping  teaches  how  to  record,  systematically, 
the  various  transactions  of  business  in  any  occupation  in  which  a 
person  may  be  engaged,  so  that  he  may  know  his  pecuniary  situa. 
tion,  possess  ability  to  substantiate  his  claims  and  protect  his 
property,  and  at  death  to  leave  behind  him  evidence  that  will  ena- 
ble his  friends  to  understand  his  business  relations  and  engage- 
ments, and  settle  his  affairs  in  a  satisfactory  manner  ;  and  every 
person  doing  any  business  should  keep  a  book  record  of  his  busi- 
ness and  engagements  rather  than  rely  upon  memory,  or  loose 
papers,  for  evidence. 

When  books  of  account  are  properly  kept,  though  the  style  of 
keeping  them  be  very  simple,  they  often  become  matters  of  great 
legal  value,  and  such  books  are  recognized  as  legal  evidence,  when 
properly  kept,  by  all  civilized  people.  Their  value,  however,  is 
often  limited  by  time  in  this  respect,  and  under  the  statutes  of  all 
States  an  action  on  a  book  account  must  be  commenced  within  a 
certain  date  from  the  time  an  article  was  delivered  by  the  creditor 
to  the  debtor,  or  the  right  to  bring  a  suit  for  it  will  be  barred ; 
while  on  any  instrument  in  writing  signed  by  a  debtor  an  action 
may  be  commenced  at  a  time  within  a  longer  period  from  the  time 
it  became  due,  as  prescribed  by  the  statutes  of  limitations. 

There  are  two  methods  of  book-keeping,  one  being  called  single 
and  the  other  double  entry  ;  the  latter  is  employed  in  extensive 
and  complicated  mercantile  business,  where  a  check  is  required 
upon  each  entry,  to  prove  that  it  has  been  recorded  properly.  The 
former  is  generally  used  by  persons  engaged  in  ordinary  business, 
because  it  is  more  simple  than  the  other,  and  is  sufficiently  correct 
for  ordinary  purposes.  It  re([uiresbut  three  books:  the  Day-book, 
Ledger  and  Cash-book;  but  to  these  may  be  added  a  Bill-book,  in 
which  all  notes,  received  or  given,  are  recorded,  showing  when 
drawn,   by  whom,    in   whose   favor,   length    of  time,    when  due, 

amount  of  note,  and  any  proper  explanation ;  and  a  Sales-book,  in 

(413) 


414  BOOK-KEEPING. 

which  orders  for  ^oods  or  the  details  of  sales  are  entered;  and  a 
Receipt-book,  where  receipts  for  payments  of  debts  can  be  perma- 
nently kept.  As  this  book  is  not  intended  to  teach  the  art  of  book- 
keeping, but  to  treat  of  them  rather  as  legal  instruments  often 
offered  in  evidence,  the  first  three  named  above  will  only  be 
spoken  of  particularly. 

The  Day-book  should  contain  correct  statements  of  every  busi- 
ness transaction  which  gives  rise  to  persons  owing  us,  or  to  our 
owing  them,  properly  arranged  under  the  head  of  Debtor,  or  Cred- 
itor. The  accounts  should  be  entered  in  this  book  at  the  time  they 
wefe  created,  or  in  the  regular  order  of  business  in  which  they 
occurred. 

The  book  should  be  commenced  by  stating  the  name  of  the  owner 
and  his  I'esidence.  The  day,  month,  and  year  should  then  be  written 
and  repeated  at  the  head  of  each  page  corresponding  with  the  date 
of  the  first  transaction  on  each  page,  while  all  subsequent  dates 
on  each  page  should  stand  above  the  transaction  to  which  it 
belongs.  In  making  an  entry,  the  name  of  the  person  with  whom 
we  deal  is  written  with  Dr.  or  Cr.  at  the  right  of  the  name  to  show 
whether  he  becomes  a  debtor  or  a  creditor  by  the  transaction.  Then 
a  statement  should  follow  specifying  the  articles  bought  or  sold, 
and  the  price  of  each.  The  sum  of  the  values  should  then  be 
found,  and  the  total  amount  should  be  entered  in  the  column  of 
dollars  and  cents.  The  rule  for  determining  how  an  entry  must  be 
made  is  this  :  The  person  with  whom  you  deal  is  debtor  for  what- 
ever he  reoeives  of  you,  and  is  creditor  for  vjhatever  you  receive  from 
him. 

If  a  mistake  be  made  in  an  account,  it  should  not  be  corrected 
by  altering  the  original  entry,  but  a  new  entry  should  be  made 
debiting  or  crediting  the  amount  of  the  error  as  "  John  Jones  Cr. 
by  (or  Dr.  to)  error  in  account  of  October  6,  one  dollar  and  fifty 
cents."  This  will  enable  a  person  to  swear  before  a  court  that  his 
book  contains  his  original  entries  without  alteration,  and  his  book 
will  not  look  suspicious. 

The  Ledger  is  intended  to  collect  on  one  page  the  scattered 
transactions  of  the  Day-book  relating  to  one  person,  and  should 
show  all  the  debits  and  credits  of  such  person,  so  that  the  owner 
can  tell  at  once  how  the  person's  account  stands.  The  Dr.  accounts 
are  placed  on  the  left  hand  of  the  page,  and  the  Cr.  accounts  on 
the  right  hand,  and  each  item  should  refer  by  numbers  to  the  page 
of  the  Day-book  on  which  it   may  be  found ,  while   each  sum   of 


BOOK-KEEPIXG,  415 

items  of  the  Day-book  should  refer  to  the  page  of  the  Ledger  on 
which  it  will  be  found.  Every  Ledger  should  also  contain  an  index, 
in  which  all  the  names  it  contains  should  be  alphabeticallj^ 
arranged,  with  the  page  of  the  Ledger  on  which  the  person's 
account  can  be  found. 

The  Cash-book  should  contain  a  record  of  the  payments  and'  re- 
ceipts of  cash  as  they  occur  from  day  to  day;  but  all  money  re- 
ceived on  any  person's  account  should  be  entered  to  his  credit  on 
the  Day-book;  so  with  money  paid  to  any  person  on  account. 

Persons  making  but  few  entries  in  their  business,  and  requiring 
but  one  book  for  their  accounts,  might  adopt  the  Ledger  form,  and 
appropriate  a  page  to  each  person's  account,  using  the  book  for 
original  entries. 

As  this  article  is  intended  only  to  show  such  facts  as  are  neces- 
sary to  appear  in  case  the  book  or  books  are  brought  into  court  as 
evidence  of  the  facts  which  may  appear  in  them,  only  the  outlines 
of  book-keeping  are  given;  but  in  order  that  account  books  may 
be  admitted  as  evidence  in  courts,  the  entries  should  be  made  in 
them  at  or  about  the  time  the  transactions  occurred,  and  by  the 
owner  of  the  books,  or  by  some  person  in  his  employment  at  the 
time  the  transactions  took  place,  and  who  knew  of  his  own  knowl- 
edge that  they  did  take  place  at  or  about  the  time  stated  in  the 
account. 


416 


BOOK-KEEPING. 


DAY  BOOK  [By  Single  Entry]. 
J.  K.  Everett,  Reno^  Nevada^  January  3,  1880. 


X  1 

William  Smith, 
To  8  yds.  of  muslin  at  9  cts.  a  yd 
"  4    "      '■  cloth  at  $3  a  yd. 
"  1  scythe 

Dr. 
$  0.72 
12.00 
1.10 

$13.83 

X  2 

Henry  Jones, 
To  1  pr.  of  shoes 
"  1  lb.  of  tea 

3 

Dr. 

$1.40 

75 

3.15 

X  3 

Charles  Johnson, 
By  1  bay  horse 

3 

Cr. 

115.00 

X  3 
X  2 

Henry  Jones, 
To  14  lbs.  nails  at  6  cts. 
"  5  galls,  molasses  at  33  cts. 
"  12  lbs.  cheese  at  10  cts. 

By  8  lbs.  wool  at  36  cts. 

3 

Dr. 

$0.84 
1.60 
1.20 

Cr. 

3.64 

3.88 

X  1 

William  Smith, 
By  1  load  of  hay 
"  12  lbs.  of  butter  at  9  ct& 

3 

Cr. 
$6.00 
1.08 

7.08 

X  3 

Charles  Johnson, 
To  cash 

3 

Dr. 

50.00 

X  1 

William  Smith, 
To  1  stove 
"  8  yds.  cloth  at  $3 
"  1  horse 

4 

Dr. 

$14.00 

24.00 
42.00 

80.00 

X  3 

Charles  Johnson 
To  1  set  of  harness 
"  1  wagon 

4 

Dr. 

$20.00 
64.00 

84.00 

X  2 

Henry  Jones, 

To  28  lbs.  sugar  at  8  cts. 
"  1  barrel  of  flour 
3  brooms  at  14  cts. 

5 

Dr. 

$3.34 

7.00 

.43 

9.66 

X  3 

Charles  Johnson, 
By  20  bushels  corn  at  62  cents 
"  cash 
"  order  on  Peter  Wilkins 

5 

Cr. 

$12.40 
30.00 
31.00 

63.40 

X  3 

Charles  Johnson, 
To  check  to  balance  account 

7 

Dr. 

44.40 

X  3 

Henry  Jones, 
By  cash  to  balance  account 

10 

Cr. 

13.57 

X  1 

12 
William  Smith, 
By  his  note,  payable  3  months  from  dale 

Cr. 

75.00 

BOOK-KEEPmO. 


417 


Dr. 


LEDGER 
William  Smith. 


Cr. 


1880. 

Jan.  8 

"    4 


"  12 


To  sundries 


To  balance 


$13.82 
80.00 


$93.82 


$11.74 


1880. 
Jan.  3 
'  12 


By  hay  and  butter 
"  note  at  3  months 
"  balance 


$  7.08 
75.00 
11.74 

$93.82 


Dr. 


Henry  Jones. 


Cr. 


1880. 

Jan.  3 
"  3 
"    5 


To  sundries 


$3.15 
8.64 
9  66 


$1545 


1880. 
Jan.  3 
"  10 


By  wool 
"  cash 


$2  88 
12.57 


$15.45 


Dr. 


Chaules  Johnson. 


Cr. 


1880. 

Jan.  3 

"    4 

"    7 


To  cash 

"  harness  and  wagon 
"  check  to  balance 


$50  00 
81.00 
44.40 

$178.40 


1880. 

Jan.  3 

"    5 


By  1  bay  horse 
"  sunc&ies 


$115.00 
63.40 


$178.40 


CASH  BOOK. 


Dr 


Cr. 


1880. 

1880. 

Jan.  3 

To  cash  on  hana 

$150.00 

Jan.  3 

Paid  rent  of  store 

$75.00 

"    5 

Received  of  C.  Johnson 

30.00 

"    5 

"     Chas.  Johnson 

50.00 

"    5 

Order  on  P.  Wilkins 

21.00 

"     7 

"        "           "      check 

44.40 

"    9 

Receipts  of  store 

106.75 

"     9 

"    expenses  in  store 

8.30 

"     9 

Cash  on  hand 

130.15 

$307  75 

$807.75 

Jan.  9 

To  cash  on  hand 

$130.15 

"  10 

Received  of  H.  Jones 

12.57 

,. 

The  account  of  each  person  in  the  foregoing  representation  of  a 

Ledger,  is  intended  to  represent  one   page  of  such   Ledger,  the 

27 


418  WEIGHTS    AND   MEASURES. 

accounts  having  been  posted  from  the  first  page  of  the  Day-book. 
The  figures  on  the  left  of  the  page  of  the  Day-book  show  on  what 
page  of  the  Ledger  the  account  can  be  found,  and  the  figures  in 
the  open  columns  on  the  Dr.  and  Cr.  sides  of  the  page  of  the 
Ledger  show  on  what  pages  of  the  Day-book  the  items  of  the 
account  will  be  found.  The  marks  X  on  the  left  of  the  page  of 
the  Day-book  show  that  the  account  has  been  posted  or  ca/rri^  to 
the  Ledger. 


liEGAL  MEASUKES  OF  VALUE,  WEIGHT,  CAPACITY, 

ETC. 

Money  of  the  United  States. 

10  Mills  =  1  Cent.  I         10  Dimes  =  1  Dollar. 

10  Cents  =  1  Dime.  |         10  Dollars  =  1  Eagle. 

The  mill  is  one  thousandth  of  a  dollar  and  derives  its  name  from 
the  Latin  word  mille,  which  means  a  thousand. 

The  cent  is  one  hundredth  of  a  dollar  and  derives  its  name  from 
the  Latin  word  centum,  which  means  a  hundred. 

The  dime  is  one  tenth  of  a  dollar  and  derives  its  name  from 
the  French  word  disme,  which  means  ten. 

Origin  of  the  Dollar. 

The  monetary  unit  of  this  country  prior  to  July  6,  1785,  was  the 
English  pound.  On  that  date  the  Continental  Congress  established 
the  dollar  in  its  place,  its  precise  weight  and  value  being  fixed 
August  8,  1Y86,  which  was  about  that  of  the  old  Spanish  Carolus 
pillar  dollar.  The  dollar  was  not  original  with  Spain,  its  true 
origin  being  the  "Joachim's  Thaler,"  first  coined  in  the  mines  of 
the  Bohemian  Yalley  of  Sant  Joachim. 

Pure  gold  is  worth  $;!0.674-183  per  ounce. 
Pure  silver  is  worth  il.ii2-f-29  per  ounce. 
A  legal  silver  dollar  weis>hs  412i^  grains,  troy. 
A  legal  gold  dollar  weighs  25.8  grains,  troy. 
A  legal  eagle  weighs  258  grains,  troy. 
A  double-eagle  weighs  516  grains,  troy. 

The  standard  of  gold  and  silver  is  nine  hundred  parts  of  pure 
metal  and  one  hundred  parts  of  alloy  in  one  thousand  parts  of 
coin. 


WEIGHTS    AND    MEASURES. 


419 


Measures  of  Volume. 

The  standard  gallon  measures  two  hundred  and  thirty- one  cubic 
inches.  The  standard  bushel  contains  two  thousand  one  hundred 
and  fifty  and  forty  two  one-hundredths  cubic  inches,  and  its  dimen- 
sions are  eighteen  and  one-half  inches  diameter  inside,  and  nine- 
teen and  one-half  inches  outside,  and  when  heaped,  the  cone 
should  be  six  inches  high.  This  measure  is  not  often  used  or 
seen. 

LIQUID    MEA8UBE. 


4  Gills=l  Pint. 

2Pints=l  Quart. 

4  Quarts=l  Gallon. 
31 K  Gallons=l  Barrel. 
42  Gallons=l  Tierce. 
63  Gallons=l  Hogshead. 


DEY    MEASURE. 

2  Pints =1  Quart. 
8  Quarts=l  Peck. 
4  Pecks =1  Bushel. 
36  Bushels=l  Chaldron. 


Beee  measure  is  a  species  of  liquid  measure  used  in  measur- 
ing beer,  ale,  and  milk. 
The  unit  is  the  gallon. 

TABLE. 

2  Pints  (pt.)  make  1  Quart qt. 

4  Quarts  "    1  Gallon gal. 

36  Gallons  "     1  Barrel bbl. 

1%  Barrels,  or  54  Gallons,        "    1  Hogshead  .  .hhd. 
1728  cubic  inches  make  1  cubic  foot. 
27  cubic  feet  make  1  cubic  yard. 

1  cubic  foot  contains  lYz  gallons;  or,  more  exactly,  7.4805  gallons 
1  bushel  contains  9.30918  gallons. 
1  chaldron  contains  57.244  cubic  feet. 
1  cord  of  wood  contains  128  cubic  feet. 
1  perch  of  stone  contains  24^^  cubic  feet, 

A  cubic  yard  of  earth  is  called  a  load. 

A  square  of  earth  is  a  cube  measuring  six  feet  on  each  side,  and 
is  equivalent  to  216  cubic  feet. 

In  civil  engineering  the  cubic  yard  is  the  unit  to  which  estimates 
for  excavations,  embankments  and  levees  are  reduced. 

In  commerce,  the  cubic  foot  is  often  the  unit  on  which  charges 
are  estimated  and  made  for  freight,  the  space  occupied  being 
measured. 


Measures  of  Weight. 

AVOIRDUPOIS.  TROY. 


27f|  Grains=l  Dram. 

16  l)rams=l  Ounce, 

16  Ounces=l  Pound. 
112  Pounds  (U.  S.)=l  cwt. 
100  Pounds  (com  nonly)=l  cwt. 

20  Cwt.=l  Tou. 


24  Grains=l  dwt. 

20  P>3nny weigh ts=l  Ounce 

12  Ounces=l  Pound. 


420  WEIGHTS    AND    MEASURES. 

The  long  or  gross  ton^  hundred  weight,  and  quarter  were  formerly 
in  common  use;  but  they  are  now  seldom  used  except  in  estimat- 
ing English  goods  at  the  U.  S.  custom-houses,  in  freighting  and 
wholesaling  coal  from  the  Pennsylvania  mines,  and  in  the  whole- 
sale iron  and  plaster  trade. 


28  lb.  make  1  quarter,  marked    qr. 

4  qr.    =     112  lb.      "     1  hundred  weight,  "         cwt. 

20  cwt.  =  22401b.      "    1  ton,  "         T. 

Scale — Ascending,  28, 4,  20 ;  descending,  20,  4,  28. 
1  pound  avoirdupois==14  oz.,  11  dwts.,  16  grains,  troy. 


Orig^  of  Troy  and  Avoirdupois  Weights, 

From  the  time  of  William  1.  to  Henry  V^II.  of  England,  the 
standard  of  weight  was  determined  by  the  weight  of  grains  of 
wheat;  32  grains  taken  from  the  middle  of  the  ear  and  well  dried, 
made  the  weight  of  a  penny,  or  a  pennyweight,  20  pennyweights 
an  ounce,  and  13  ounces  a  pound.  Henry  VII.  changed  this 
weight  and  introduced  another  pound  in  its  place,  which  was  f  of 
an  ounce  heavier  than  the  old  pound.  The  same  divisions  were 
retained,  but  the  number  of  grains  in  a  pennyweight  was  changed 
to  24;  although  the  name  was  still  used,  it  had  no  reference  to  the 
weight  of  grains  of  wheat.  This  is  the  troy  pound  of  the  present 
time. 

Henry  VIII.  introduced  another  weight,  for  the  purpose  of 
weighing  meat  in  the  market,  which  is  the  avoirdupois  pound  of 
the  present  time. 

The  avoirdupois  weight  of  the  United  States  and  England  are 
identical.  They  rest,  in  fact,  upon  existing  pieces  of  brass  which 
have  been  declared  by  law  to  be  the  units  of  the  system;  and 
252.458  of  these  units  are  supposed  to  be  exactly  equal  in  weight 
to  a  cubic  inch  of  distilled  water  when  the  conditions  named  below 
are  observed. 

1  cubic  inch  of  distilled  water  at  its  maximum  density  =  252. 693 
grains;  or,  252.458  grains  62®  Fahrenheit,  barometer  at  30  inches 
in  both  cases. 

I  cubic  foot  of  distilled  water  at  its  maximum  density  ==  62. 37907 
pounds  avoirdupois;  or,  62.32104  pounds  avoirdupois  62*^  Fahren- 
heit, barometer  at  30  inches  in  both  cases. 


WEIGHTS    AND    MEA.SUKE8. 


421 


1  pound  avoirdupois  =  2Y.7015  cubic  inches  of  distilled  water 
at  its  maximum  density;  or,  27.7274  cubic  inches  62*^  Fahrenheit, 
barometer  at  30  inches  in  both  cases. 

The  troy  pound  is  the  standard  unit  of  weight  of  the  United 
States  Mint.  It  is  identical  with  the  troy  pound  of  England  and 
derives  its  name  from  Troy  Novant,  the  ancient  name  of  the  city 
of  London. 

The  troy  pound  is  equivalent  to  the  weight  of  22.79442  cubic 
inches  of  distilled  water,  at  its  maximum  density,  or  22.8157  cubic 
inches,  62°  Fahrenheit,  barometer  at  30  inches  in  both  cases. 


12  Inches  =  1  Foot. 

3  Feet  =  1  Yard, 

5}4  Yards  =  Rod. 
40  Rods  =  1  Furlong. 

8  Furlongs  =  1  Mile. 

6  Feet  make  1  Fathom. 
120  Fathoms  make  1  Cable  length. 
3  Inches  make  1  Palm. 

Ounther^s  Chain, 
7.92  Inches  =  1  Link. 
25  Links  =  1  Rod. 
100  Links  =  1  Chain,  4  Rods. 
80  Chains  =  1  Mile. 
1  mile  contains  5,280  feet,  or  1,760  yards. 
1  degree  of  latitude  =  69.77-100  statute  miles 


Measures  of  Length. 

Surveyors'  Square  Measure. 
This  measure  is  used  by  surveyors  in 
computing  the  area  or  contents  of  land. 

TABLE. 

625  Square  Links  (sq.  1.)  Make  1  Pole.P. 

16  Poles  make  1  Square  Chain.  ..sq.  ch. 

10  Square  Chains  make  1  Acre A. 

640  Acres  make  1  Square  Mile.  ...sq.  mi. 

36  Square  Miles  (6  miles  square)  make 
1  Township Tp. 

4  Inches  make  1  Hand. 
9  Inches  make  1  Span. 
3  Barleycorns  make  1  Inch. 


Measures  of  Surface. 

144  Square  Inches  =  1  Square  Foot. 

9  Square  Feet  =  1  Square  Yard. 
100  Square  Feet  =  1  Architect's  Square. 
303^  Squar(3  Rods  =  1  Square  Rood. 

4  Square  Roods,  or  10  Square  Chains  =  1  Square  Acre. 
640  Acres  =  1  Square  Mile. 
A  Carpenter's  Square  -is  10  Feet  Square. 


Measures  of  Time. 


60  Seconds  =  1  Minute 
60  Minutes  =  Hour 
24  Hours  =  1  Day. 
7  Days  =  1  Week. 


4  Weeks  =  1  Lunar  Month. 
28  to  31  Days  =  1  Calendar  Month. 
12  Months  =  1  Year. 
3653^  Days  =  1  Year. 
100  Years  ==  1  Century, 
A  solar  year  contains  365  days,  5  hours,  48  minutes,  49  seconds. 
A  sidereal  year  contains  365  days,  6  hours,  9  minutes,  12  seconds. 


4-22  WEIGHTS   AND  MEASURES. 

Measures  of  Angles. 

60  Seconds  =  1  Minute.  I  30  Degrees  =  1  Sign. 

60  Minutes  =  1  Degree.  '  90  Degrees  =  1  Quadrant. 

360  Degrees  =  1  Circumference. 

The  circumference  of  the  earth  is  divided  into  three  hundred 
and  sixty  degrees.  The  sun  passes  over  one  degree  in  every  four 
minutes  therefore,  or  seems  so  to  pass,  by  the  revolution  of  the 
earth  on  its  axis.  If,  therefore,  you  desire  to  know  what  time  it 
is  at  any  other  point  on  the  earth,  ascertain  from  your  map  your 
own  longitude  and  the  longitude  of  the  place  you  have  in  view; 
multiply  the  number  of  degrees  of  longitude  between  the  two 
points  by  four,  and  the  product  will  be  the  difference  in  time,  in 
minutes^  between  the  two  points.  If  the  product  be  more  than 
sixty,  divide  such  product  by  sixty,  and  your  quotient  will  be 
hours,  and  your  remainder  will  be  minutes.  If  the  place  be  east 
of  you,  add  the  time  to  the  time  at  your  own  place,  and  the  sum 
will  be  the  time  at  the  point  required;  but  if  the  place  be  west 
of  you,  subtract  the  result  from  your  time,  and  the  remainder  will 
be  the  time  at  the  place  required.  In  making  your  calculation 
you  must  bear  in  mind  that  clocks  usually  mark  only  twelve 
hours  instead  of  twenty-four,  and  that  one  hour  after  twelve  the 
clock  marks  one  again  at  all  points  of  the  earth. 


TJnited  States  Coinage. 

Gold  and  silver,  when  pure,  are  1,000  fine;  or,  by  the  old 
method,  24  carats  fine. 

Except  for  jewelry,  the  old  carat  system  is  generally  abandoned. 
One  carat  =  41f  thousandths. 

The  standard  fineness  of  United  States  coin  is  900;  or,  by  the 
old  system,  24X900=21.6  carats  fine. 

The  alloy  for  United  States  gold  coin  is  pure  silver  and  copper; 
for  silver  coin  the  alloy  is  pure  copper. 

Gold  for  coinage  is  refined  from  990  to  997^^  fine,  the  inferior 
metal  it  then  holds  being  pure  silver  left  for  alloy. 

When  alloyed  with  copper,  the  proportion  of  gold  is  in  accord- 
ance with  its  fineness  as  the  alloy  must  be  900  tine  or  9-10  pure 
gold. 


Mint  values  of  Gold,  Silver,  and  Copper. 

1  Ounce  Gold 1,000  fine  =  $20.671791 

1  Ounce  Silver 1,000  fine  =      1.292929 

1  Ounce  Copper 1,000  fine  ==        .028571 

1  Grain  Gold 1.000  fine  =        .0480663 

1  Grain  Silver 1,000  fine  =       .0026936 

1  Grain  Copper 1,000  fine  =        .0000595 

The  above  values  are  standard  as  regards  gold  and  silver;  and 


UNITED   STATES    MINT   REGULATIONS.  423 

that  of  copper  is  only  comparative  as  the  price  at  which  the  mint 
buys,  the  latter  metal  is  changed  from  time  to  time,  according 
to  its  value  in  the  market. 


UNITED  STATES  MINT  REGUIiATIONS. 


enlarges  on  Gold  Deposits. 

Melting — On  deposits  of  10  ozs.  and  less 50     cts. 

On  deposits  of  from  10  to  40  ozs 60      cts. 

On  deposits  of  from  40  to  60  ozs 75      cts. 

On  deposits  of  from  60  to  75  ozs 90     cts. 

On  deposits  above  75  ozs 1  j^  ct.  pr  oz. 

Parting— On  deposits  300  fine  or  less 2  cts.  pr  oz. 

On  deposits  300.5  to  600  fine. 4  cts.  pr  oz. 

On  deposits  600.5  to  750  fine 6  cts.  pr  oz. 

On  deposits  750.5  fine  and  over ...8  cts.  pr  oz. 

TouGHENrNG— Computed  on  amount  deposited 3^  to  2  cts.  pr  oz. 

AijLoy — For  amount  of  alloy  used 2  cts.  pr  oz. 

Coining— No  charge. 


Cliarges  on  Silver  Deposits. 

Melting — On  deposits  under  500  ozs 50  cts. 

On  deposits  over  500  ozs 2  cts.  additional  pr.  oz. 

Refining— On  deposits  997.5  and  above no  charge. 

On  deposits  from  980  to  997.5  fine 1  ct.  pr  oz. 

On  deposits  980  fine 2  cts.  pr  oz. 

Alloy — For  amount  of  alloy  used 2  cts.  pr  oz. 

Coining— Computed  on  value  of  deposit M  of  1  per  cent. 


Waste  in  Coining,  and  Deviation  in  Weight. 

The  manufacture  of  coin  is  protected  by  a  very  efficient  system, 
the  employes  of  each  department  of  the  mint  being  held  strictly 
responsible  for  all  material  received  by  them  in  accordance  with 
certain  allowances. 

Waste — Melters'  and  refiners'  allowance  of  gold 1      ounce  in  1,000 

Coiners'  allowance  of  gold %  ounce  in  1,000 

Melters'  and  refiners'  allowance  of  silver 1%  ounce  in  1,000 

Coiners'  allowance  of  silver^ 1      ounce  in  1,000 

Deviation  allowed  from  Standard  Weight — 

Twenty  and  ten-dollar  pieces  . .    %  grain. 

Other  gold  pieces 3€  grain. 

Silver  pieces ► 4 1^  grain. 


424  UNITED    STATES   MINT    REGULATIONS. 

On  each  draft — 

Of  $5,000  gold  in  $20,  $10,  $5,  or  2^  pieoes 01  ounce. 

Of  one  thousand  $8  or  $1  gold  pieces 01  ounca 

Of  one  thousand  $1,  50ct.  or  25ct.  pieces 03  ounce. 

Of  one  thousand  dimes 01  ounce. 

Assayers'  Weight. 

1  Carat  =     10  Pwts.  Troy. 

1  Carat  Grain    =      2  Pwts.  13  Grains  or  60  Grains  Troy. 
24  Carats  =      1  Pound  Troy. 

Diamond  Weight. 

1«  Parts.  =  1  Grain  =  .8  Grain  Troy. 

4  Grains  =  1  Carat  =  3.2  Grains  Troy. 

20  Parts  Diamond  Weight  =■  1  Grain  Troy. 

English  Money. 

4  Farthings  (far.)  =  1  Penny    d. 

12  Pence  =  1  Shi«lling  s.  s 

20  ShiJlings  =  1  Pound    £. 

In  England  a  pound  of  standard  troy  gold,  916f  fine,  is  coined 
into  £46,  14s.  6d.  The  full  weight  of  one  gold  pound  or  sovereign 
is  123.274  grains  of  standard  gold,  or  113.001  of  pure  gold. 

Allowing  for  the  abrasion  or  wear,  a  sovereign  weighing  122.75 
grains  of  standard  gold,  in  England  is  a  legal  tender  for  the  pay- 
ment of  debts. 

The  alloy  for  gold  coin  is  copper.  Before  1826  silver  entered 
into  the  composition  of  English  cold  coin;  hence  the  difference  in 
color  of  different  coinages. 

A  pound  of  silver,  92.5  per  cent  silver  and  7.5  copper,  is  coined 
into  6Q  shillings.  The  full  weight  of  a  shilling  is  87. 173  grains 
standard  silver,  or  80.729  grains  of  pure  silver. 

A  pound  of  copper,  is  coined  into  24  pennies. 

A  pound  of  bronze,  95  parts  copper  4  parts  tin  and  1  part  zinc, 
is  coined  into  40  pennies,  or  80  half  pennies,  or  160  farthings. 

Bank  of  England  notes  are  a  legal  tender  in  England  for  any  sum 
exceeding  £5.  Gold  is  a  legal  tender  for  any  amount;  silver,  not 
exceeding  40  shillings,  and  copper,  not  exceeding  12d,- when  in  pen- 
nies or  in  half  pennies,  and  not  exceeding  6d,  when  in  farthings. 

French  Money. 

10  Centimes  =  1  Decime. 

10  Decimes  =  1  Franc. 

All  French  coin  is  based  on  the  gramme,  the  unit  of  weight. 
A  kilogramme  of  standard  gold   .9  pure  is  coined  into  3,100 


WEIGHTS    AND    MEASURES.  425 

francs.  The  denominations  of  gold  coin  are  100,  50,  20,  10  and  5 
franc-pieces.     The  alloy  is  copper. 

A  kilogramme  of  silver  .9  pure  is  coined  into  200  francs.  The 
denominations  of  silver  coins  are  5,  2,  1,  ^,  and  J  franc- pieces. 

The  copper  coins  of  France  since  1853  contain  95  parts  copper, 
4  parts  tin  and  1  part  zinc.  The  denominations  are  10,  5,  2  and  1 
centimes,  which  weigh  1  gramme  for  each  centime. 

Comparative  Values  of  Gold  and  Silver 


United  States,  estimating  silver  1,  go 
England,  "  "      1, 

France,  "  "1, 

Spain,  "  "      1, 

Cbina,  "  "      i 


Id  is  15.988. 

"  14.287. 

"  15.50. 

"  16.00. 

"  14.25. 


In  England  and  Germany  gold  is  the  standard;  in  the  United 
States  gold  and  silver,  and  in  France  and  some  other  European 
countries  gold  and  silver  are  the  standard. 

Apothecaries'  Weight. 

is  used  by  apothecaries  and  physicians  in  compounding  medicines; 
but  medicines  are  bought  and  sold  by  avoirdupois  weight. 

The  unit  is  the  pound,  of  which  all  the  other  denominations  in 
the  table  are  divisors. 

20  Grains— gr.  =  1  Scruple. 

3  Scruples— 3  =  1  Dram. 

8  Drams— 3  ==  1  Ounce. 

12  Ounces— f  =  1  Pound. 

The  grain,  the  ounce  and  the  pound  of  this  weight  are  the  same 
as  those  of  Troy  weight. 

Medical  Divisions  of  the  Gallon. 

60  Minims— M.  =    1  Fluidram. 

8  Fluidrams— f  3  =1  Fluidounce. 

16  Fluidounces— f  3  =    1  Pint. 

8  Pints— O  =    1  Gallon  (Cong.) 

O  is  an  abbreviation  of  ootans,  tlie  Latin  for  one  eighth;  Cong,  for 
congiarmin,  the  Latin  for  gallon. 
1  Common  Teaspoonful  =    45  Drops. 

1  Common  Teaspoonful  =  ^  Common  Tablespoonful  =  l  Fluidram 
1  ComraonTablespoonful=  %  Common  Teacup  =  about  %  Fluidounce 
1  Common  Teacup  =    about  4  Fluidounces. 

1  Pint  of  Water  =    about  1  Pound. 

The  weight  of  the  bushel  of  certain  grains  and  roots  has  been 
fixed  by  statute  in  many  of  the  States;  and  these  statute  weights 
must  govern  in  buying  and  selling,  unless  specific  agreements  to 
the  contrary  be  made. 


426 


WEIGHTS    AND    MEASURES. 


TABLE   OF   AVOIKDUPOIS  POUNDS  IN   A  BUSHEL, 

A^  prescribed  by  statute  in  the  several  States  named. 


COMMODITIES. 

03 

s 

i 

o 

1 

a 
a 
o 
O 

i- 

03 

m 

'S 
a 

1— I 

48 
60 
14 
40 
46 
60 
34 
33 
56 
8 
44 
52 
70 
48 
80 
32 
57 

60 
54 

.2 
a 

48 
60 
14 
50 
46 
60 
25 
33 
56 

03 

O 

1— 1 

48 
60 
14 
52 
46 
60 
24 
33 
56 

. 
o 

s 

M 

48 
60 
14 
53 

60" 

C3 

a 
.2 

'to 

'B 
c 

32 

a 

(A 

OJ 
CO 

p 
0 

03 

CO 
CO 

46 

46 

a 

0 

48 

42 

60 

28 
28 

56 

32 

56 

60 

S 

0 

CO 
ID 

48 

42 

60 

28 
28 

5n 

32 

56 

60 

;-< 

D 
0 

CO 

48 
60 
14 
52 
46 
60 
34 
33 
56 

44 
52 

80 
35 

57 

60 
56 

50 
45 
64 
20 

2 

CO 

1 

03 

•• 

30 
60 

<v 

1-3 

48 

50 

64 

55 
56 

30 

60 
56 

60 

48 
62 

48 

60 

55 

58 

32 

60 
60 
56 

56 

44 
60 

.2 
0 

48 

' 

60 

56 

56 

32 

56 

60 

a 
0 

W) 
<B 

46 

42 

60 

38 
28 

56 

34 

60 
56 

60 

C3 

■3 
03 
> 

a 
a 

IS 

47 
48 

56 
32 
56 
60 

T3 

-H 

73 
0 
X3 

•  • 

50 

50 
60 
50 

a 
0 

g 
> 

46 
46 

56 

32 

60 
56 

60 

a 
0 

.s 

a. 

45 

42 

60 

38 
28 

58 

36 
50 

60 
56 

60 

'55 

a 
0 
9 

Barley 

50 

48 

Beaos 

Blue  Grass  Seed . 

Buckwheat 

Castor  Beans. . . . 

40 

45 

42 

Clover  Seed 

Dried  Apples. . . . 

60 
9,8 

Dried  Peaches. . 
Flax  Seed 

56" 

ii 

50 
30 

60 
50 

56 

50 

30 
52 

56 
50 

60 

28 
56 

Hair 

Hemp  Seed 

44 
56 
68 
50 
70 
32 
48 

60 
56 

44 
56 

68 

35 

57 

60 
56 

44 
56 

50*' 

331^ 

57 

60" 
56 

56 
32 
32 

Indian  Corn 

Ind.  Corn  in  ear. 
Ind.  Corn  Meal.. 
Mineral  Coal*.. . 
Oats 

52 
33 

56 

28 

56 

56 
39, 

Onions 

Peas 

Potatoes 

60 
56 

60 

Rye 

54 

56 

Rye  Meal 

Saltf 

50 

45 
60 

50 
45 
60 
20 

50 
45 
60 
20 

60 

Timothy  Seed . . . 

60 

45 

60 
30 

46 

Wheat 

Wheat  Bran  .... 

60 

56 

60 

*  In  Kentucky,  80  lbs.  of  bituminous  coal  or  70  lbs.  of  cannel  coal  make  1  bushel, 
f  In  Pennsylvania,  80  lbs.  coarse,  70  lbs.  ground,  or  62  lbs.  fine  salt  make  1 
bushel ;  and  in  Illinois,  50  lbs.  common  or  55  lbs.  fine  salt  make  1  bushel. 
I  In  Maine,  64  lbs.  of  ruta-baga  turnips  or  beets  make  1  bushel. 

Book  Measure. 

A  Sheet  (24x38^  folded  in   2  Leaves  is  called  Folio. 

4        "  "        Quarto  or  4to. 

8        "  "        Octavo  or  8vo. 


20  Units 
12  Units 
12  Dozen 
12  Gross 


24  Sheets 
20  Quires 
2  Reams 
5  Bundles 


12 

"        Duodecimo  or  12n 

16 

"        16mo. 

18 

"        18mo. 

24 

24mo. 

33 

32mo. 

Units. 

1  Score. 

1  Dozen. 

1  Gross            = 

144  Units. 

1  Great  Gross  = 

=  1,728  Units=144  Dozen. 

Paper. 

1  Quire. 

1  Ream    =  480  sheets. 

1  Bundle  =960  Sheets=40  quires. 

1  Bale=4,800  Sheets=200  Quires=10  Reams 


WEIGHTS    AND   MEASUKE8. 


427 


Iron  or  Lead — English.. 

14      Pounds  =  1  Stone. 

2\%  Stone  =  1  Pig      =    301  Pounds. 

8    Pigs  =  1  Fother=2,408  Pounds=172  Stone. 

Sound. — The  velocity  of  sound  through  the  air  in  a  temperature 
at  62^  Fahrenheit  is  1,125  feet  per  second. 

The  velocity  of  sound  through  water  is  4^  times,  through  iron, 
10  times,  and  through  wood,  from  11  to  17  times  fhat  in  air. 

Weight  of  Grain,  Produce,  Etc.,  per  Bushel. 

Minimum  Weight  according  to  the  Laws  of  the  United  States. 


Wheat 

per 

bushel 

...60  lbs 

Clover  Seed per 

bushel. 

.60  lbs 

Corn,  in  the  ear . . . 

II 

. .  .70  lbs 

Flax  Seed 

(( 

.56  lbs 

Corn,  shelled 

« 

. .  .56  lbs 
...56  lbs 

Millett  Seed 

"        . 

.50  lbs 

Rye 

Hungarian  Grass  Seed 

.50  lbs 

Buckwheat 

" 

. .  .52  lbs 

Timothy  Seed 

t> 

.45  lbs 

Barley 

" 

. .  .47  lbs 

Blue  Grass  Seed 

11 

.44ibs 

Oats 

«» 

. .  .32  lbs 

Hemp  Seed 

K 

.44  lbs 

Peas 

u 

. .  .60  lbs 

Fine  Salt 

11 

.55  lbs 

White  Beans 

•i 

. .  .60  lbs 

Salt  .'. 

1< 

.50  lbs 

Castor  Beans 

t« 

. .  .46  lbs 

.  Corn  Meal 

11 

.48  lbs 

Irish  Potatoes 

tc 

. .  .60  lbs 

Ground  Peas 

«< 

.24  lbs 

Sweet  Potatos 

i< 

. .  .55  lbs 

Malt 

'« 

..38  lbs 

Onions 

i< 

. .  .57  lbs 

Bran 

11 

.20  lbs 

Turnips 

n 

. .  .55  lbs 

Stone  Coal . 

<1 

.80  lbs 

Mi  acellaneous. 

4  Inches 

=        A  Hand. 

3  Inches 

=        A  Palm. 

9  Inches 

=        A  Span. 

18  Inches 

=        A  Cubit. 

36  Inches  or 

3  Feet 

=        A  Pace. 

28  Incbes  or 

21^  Feet 

==       A  Military  Pace. 

333.8676  Inches' 

=.        1  Vara. 

25  Pounds 

=        1  Keg  of  powder. 

56  Pounds 

=         1  Firkin  of  butter. 

100  Pounds 

=         1  Cental  of  grain. 

100  Pounds 

=         1  Cask  of  raisins. 

100  Pounds 

=         1  Qu  intel  of  dried  fish. 

196  Pounds 

=         1  Barrel  of  flour. 

200  Pounds 

=         1  Barrel  of  beef,  pork  or  fish. 

255  Pounds 

=         1  Barrel  of  soap. 

280  Pounds 

= 

=         1  Barrel  of  salt. 

21.2  cubic  feet  of  sand=l  short  ton=2,000  pounds. 

23.7  cubic  feet  of  sand=l  long  ton=2,240  pounds. 

14.8  cubic  feet  of  compact  earth=l  short  ton=3,000  pounds. 
16.6  cubic  feet  of  compact  earth=l  long  ton=2,340  pounds. 

22.3  cubic  feet  of  loose  earth=l  short  ton=2,000  pounds. 

24.9  cubic  feet  of  loose  earth=l  long  ton=2,240  pounds. 
16  7  cubic  feet  of  clay=l  short  ton=2,000  pounds. 

18.6  cubic  feet  of  clay=l  long  ton=2,340  pounds. 

18  cubic  feet  of  gravel  or  earth,  before  digging=27  cubic  feet  when  dug. 
12.0  cubic  feet  of  quartz,  unbroken  iu  lode=l  short  ton=3,000  pounds. 
13.5  cubic  feet  of  quartz  unbroken  in  lode=l  long  ton=2,340  pounds. 
20  cubic  feet  of  quartz,  of  ordinary  fineness  coming  from  lode=l  ton,  contract 
measurement. 


428  FRENCH 

Light. — The  velocity  of  light  is  192,500  miles  per  second. 
Estimating  the  distance  to  be  95,000,000  miles,  it  passes  from  the 
sun  to  the  earth  in  8.2  minutes.  It  can  pass  through  the  distance 
of  the  circumference  of  the  earth  in  |-  of  a  second. 


FRENCH  WEIGHTS  AND  MEASITEJBS  : 

Or,  The  Metric  System  of  Weights  and  Measures. 

The  metric  system  was  adopted  in  France  in  1795  ;  its  use  was 
authorized  in  Great  Britain  in  1864;  and  in  1866,  Congress  author- 
ized the  metric  system  to  be  used  in  the  United  States  by  passing 
the  following  act: 

AN  ACT  to  authorize  the  use  of  the  metric  system  of  weights  and  measures. 

£e  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  from  and 
after  the  passage  of  this  act,  it  shall  be  lawful  throughout  the 
United  States  of  America  to  employ  the  weights  and  measures  of 
the  metric  system;  and  no  contract  or  dealing,  or  pleading  in  any 
court  shall  be  deemed  invalid,  or  liable  to  objection,  because  the 
weights  or  measures  expressed  or  referred  to  therein  are  weights 
or  measures  of  the  metric  system. 

Section  2.  And  he  it  further  enacted^  That  the  tables  in  the 
schedule  hereto  annexed  shall  be  recognized  in  the  construction  of 
contracts,  and  in  all  legal  proceedings,  as  establishing,  in  terms  of 
the  weights  and  measures  now  in  use  in  the  United  States,  the 
equ'ivalents  of  the  weights  and  measures  expressed  therein  in  terras 
of  the  metric  system;  and  said  tables  may  be  lawfully  used  for 
computing,  determining,  and  expressing  in  customary  weights  and 
measures,  the  weights  of  the  metric  system. 

The  metric  system  of  weights  and  measures  is  based  upon  the 
decimal  scale. 

The  meter  is  the  hase  of  the  system,  and  is  the  one  ten-raillionth 
part  of  the  distance  on  the  earth's  surface  from  the  equator  to  either 
pole,  or  39.37079  inches. 

From  the  meter  are  made  the  are  (air),  the  stere  (stair),  the 
liter  (leeter),  and  the  gram;  these  constitute  the  primary  or 
principal  units  of  the  system,  from  which   the  others  are  derived. 

The  multiple  units  or  higher    denominations,   are  named  bj 


WEIGHTS    AND    MEASURES.  429 

prefixing  to  the  name  of  the  primary  units  tlie  Greek  numerals 
dehcL  (10),  hecto  (100),  kilo,  (1000),  and  myra   (10000). 

The  siih-miiUiple  units,  or  lower  denominations,  are  named  by 
prefixing  to  the  names  of  the  primary  units  the  Latin  numerals, 
deoi  (/o),  centi  d  I  o),  mille  d  o^o  o)- 

Hence  it  is  apparent  from  the  name  of  a  unit  whether  it  is 
greater  or  less  than  the  standard  unit,  and  also  how  many  times. 

Measures  of  Extension. 
The  m^^er  is  the  unit  of  length,  and  is  equal  to  39. 37  in.  nearly. 


TABLE. 

MKTRIC   DENOMINATIONS. 

U.   8.   VALUB. 

1  Millimeter 

= 

.03937079  in. 

10  Millimeters, 

mm.     =   1  Centimeter 

= 

.3937079  in. 

10  Centimeters, 

em,      =  1  Decimeter 

^ 

3.937079  in. 

10  Decimeters, 

dm.      =  1  Meter 

=: 

39  37079  in. 

10  Meters 

M.       =1  Dekameter 

= 

33.808993  ft. 

10  Dekameters, 

Dm.    =  1  Hectometer 

r= 

19.937817  rd. 

10  Hectometers, 

Il7n.   =  1  Kilometer 

=: 

.6213834  mi. 

10  Kilometers, 

Km.    =  1  Myriameter  (Mm.) 

= 

6.313834  mi. 

The  meter,  like  our  yard,  is  used  in  measuring  cloths  and  short 
distances. 

The  kilometer  is  commonly  used  for  measuring  long  distances, 
and  is  aboutf  of  a  common  mile 

The  are  is  the  unit  of  land  measure,  and  is  a  square  whose  side 
is  ten  meters,  equal  to  a  square  dekameter,  or  119.6  sq.  yards. 


TABLE. 

1  Centiare,  <5a.  -=(1  Sq.  Meter)  =■  1.196034  sq.  yd. 

100  Centiares, '*  =  Are  =  119.6034  sq.  yd. 

109  Ares         A.  =  Hectare  (Ha.)  =  3.47114  Acres. 

The  square  ineterr  is  the  unit  for  measuring  ordinary  surfaces;  as 
floorings,  ceilings,  etc 

TABLE. 

100  Sq.  Millimeters,  sq.  mm.        =  1  Sq.  Centimeter        =        .155+  sq.  in. 
100  Sq.  Centimeters,  sq.  em.        =1  Sq.  Decimeter         =     15.5-|-  sq.  in. 
100  Sq.  Decimeters,  sq.  dm.        =  1  Sq.  Meter  (Sq.  M.)  =      1.190+  sq.  yd. 

Tlie  stere  is  the  unit  of  wood  or  solid  measure,  and  is  equal  to  a 
eabie  meter,  or  .2759  cord. 


430  FEENCH 


TABLE. 


1  Decistere  ==    3.531+  cu.  ft. 

10  Decisteres,  dst.  1  Stere  =  35.316+  cu.  ft. 

13  Steres        St.  1  Dekastere  (D3t.)  ==  13.079+  cu.  yd. 

The  eubio  rit&t&r  is  the  unit  for  measuring  ordinary  solids;  as 
excavations,  embankments,  etc. 

TABLE. 

1000  Ca.  Millimeters,  m.  mm.  =  1  Cu.  Centimeter  =  .061+  cu.  in. 
1000  Cu.  Centimeters,  cu.  cm.  =  1  Cu.  Decimeter  =  61.0'J6+  cu.  in. 
1000  Cu.  Decimeters,  cu.  dm.    =  1  Cu.  Meter  =  25.316  +  cu.  ft. 

Measures  of  Capacity. 

The  liter  is  the  unit  of  capacity,  both  of  Liquid  and  of  Dry 
Measures,  and  is  a  vessel  whose  volume  is  equal  to  a  cube  whose 
edge  is  one  tenth  of  a  meier^  equal  to  1.05673  quart  Liquid 
Measure,  and  .9081  quart  Dry  Measure. 

TABLE. 

10  Milliliters,  ml =1  Centiliter. 

10  Centiliters,  cl =1  Deciliter. 

10  Deciliters,  di =  1  Liter. 

10  Liters,  L.  =1  Dekaliter. 

10  Dekaliters,  Dl =1  Hectoliter. 

10  Hectoliters,  HI ==1  Kiloliter,  or  Stere. 

10  Kiloliters,  Kl =1  Myrialiter  {Ml.) 

The  heotoUter  is  the  unit  in  measuring  liquids,  grain,  fruit,  and 
roots  in  large  quantities. 

Equivalents  in  United  States  Measures. 

Metric  Denominations.         Cubic  Measure.  Dry  Measure.  Wine  Measure. 

1  Myrialiter  =  10  Cubic  Meters    =  233.72  +  bu.  =  2611.4  +  gal. 

1  Kiloliter  =    1  Cubic  M<^ter     =  28.372  +  bu.  =  264  17.  gal. 

1  Hectoliter  =  1-10  Cubic  Meter  =  2.8372  +  bu.  =  26.417  gal. 

1  Dekaliter  =  10  Cu.  Decimeters  =  9  .08  quarts.  =2.6417  gal. 

1  Liter  =    1  Cu.  Decimeter  =  .90S  quarts.  =  1.0567  qt. 

1  Deciliter  =  l-lOCu  Deciraeter=  6.103i  cu.  in.  =.845  gill. 

1  Ceatiliter  =  10  Cu.Oentimeters==    .6102  cu.  in.  =  .338  fluid  oz. 

1  Milliliter  =    1  Cu.  Centimeter  =  .061  cu.  in.  =  .27  fluid  dr. 

The  gram  is  the  unit  of  weight,  and  equal  to  the  weight  of  a 
cube  of  distilled  water,  the  edge  of  which  is  one-hundreth  of  a 
meter,  equal  to  15.432  troy  grains. 


WEIGHTS   A>'D   MEASURES 


431 


10  Milligrams,  w.rj. 

10  Centigrams,  eg. 

10  Decigrams,  dg. 

10  Grams  G. 

10  Dekagrams,  Dg. 

10  Hectograms,  Hg. 

10  Kilograms,  -  Kg. 

10  Myriagrams,  or,    Mg. 
100  Kilograms 

10  Quintals,  or  ) 

1000  Kilos  S  ^ 


TABLE. 

^  1  Centigram 
==  1  Decigram 
=  1  Gram 
=  1  Dekagram 
=  1  Hectogram 
^^  -t  \  Kilogram, 
(    OT,  Kilo 
==  1  Myriagram 

[  =  1  Quintal 


}  = 


\ 


Tonneau, 
or  Ton 


.15432  =  gr.  Troy 
1.54324  =  " 
15.43248  =  " 

.35273  =  oz.  Avoir 
3.52739=  " 

2.20462  =  lb.       " 

22.04621  =  " 

220.46212  =  " 

2204.62125=  " 


The  Mhgj'am,  or  kilo,  is  the  unit  of  common  weight  in  trade 
and  is  a  tifle  less  than  2g  pounds  Avoirdupois 

The  tonneau  is  used  for  weighing  very  heavy  articles,  and  is 
about  204  pounds  more  than  a  common  ton. 

Units  of  the  Common  System  may  be  readily  changed  to  units 
of  the  Metric  System  by  the  aid  of  the  following 


TAJBLE. 


1  Inch 

1  Foot       = 

lYard 

IRod 

1  Mile 

1  Sq.  Inch  = 

1  Sq.  Foot  = 

1  Sq.  Yard= 

1  Sq.  Rod  = 

1  Acre 

1  Sq.  Mile  = 


.  2.54  Centimeters. 
'■■  30.48  Centimeters. 
'■■  .9144  Meter. 
■■  5.029  Mrters. 

1.6093  Kilometers. 
=  6.4528  Sq.  Centimet. 
=  929  Sq.  Centimeters. 
■■  .8361  Sq.  Meter. 
=  25.29  Centiares. 

40.47  Ares. 

259  Hectares, 


1  Cu.  Inch  = 
1  Cu.  Foot  ■■ 
ICu.Yard  = 
1  Cord 
1  Fl.  Ounce  -■ 
1  Gallon 
1  Bushel 
1  Troy  Gr. 
1  Troy  lb. 
1  Av.  lb. 
1  Ton 


16.39  Cu.  Centimet. 

28320  Cu.  Centimet. 

.7646  Cu.  Meter. 

3.625  Steres. 

2.958  Centiliters. 
■  3.786  Liters. 
=  .3524  Hectoliter. 
=  64.8  Milligrams. 
=  .373  Kilo. 
=  .4536  Kilo. 
=  .907  Tonneau. 


ENGIilSH  MEASURES. 
Liquid   Measures. 


9  Old  Ale  Gallons 
4  Firkins 

7^  Imperial  Gallons 
52^  Imperial  Gallons  or 
63  Wine 

70  Imperial  Gallons  or 
84  Wine  «' 

2  Hogsheads,  that  is 
105  Imperial  Gallons  or 
126  Wine 
2  Pipes 


make  1  Firkin. 

"     1  Barrel  of  Beer. 
"     1  Firkin. 

"    1  Hogshead. 

,1     1  Puncheon  or 
i  of  a  Tun. 

"    1  Pipe. 


1  Tun. 


Dry  Measure. 


8  Bushels  of  70  Pounds  each 
36      "        heaped  measure, 
NoTK.— The  quarter  of  wheat  is  560  pounds,  or  i  of  a  ton  of  2,340  pounds. 


make  1  Quarter  of  Wheat. 
1  Chaldron  of  Coal. 


432  IINGLISH 

"Weights. 

8  Pounds  of  Batcher's  Meat  make  1  Stone. 
14        "      "    other  commodities  "     1      "      or  ^  of  a  cwt 

2  Stone,  or  28  Pounds  "     1  Ton  of  Wool. 

70  Pounds  of  Salt  "     1  Bushel. 

Note. — ^The  English  quarter  is  28  pounds,  the  hundred  weight  is  112  pounds, 
and  the  ton  is  20  hundred  weight,  or  2,240  pounds. 

Measures   of  Extension. 

l8  Inches  make  I  Cubit. 

45  Inches  or  i        "         1   Ell 

5  Quarters  of  the  Standard  Yard  j 

Note. — The  cubit  was  originally  the  length  of  a  man's  forearm  and  hand ;  or 
the  distance  from  the  elbow  to  the  end  of  the  middle  finger. 

American  and  English  weights  and  measures  are  generally  iden- 
tical.    The  following  are  — 


ENGLiISH  MISCELXiAIfEOUS  WEIGHTS  AND  MEAS- 

imES. 

Great  Britain. 

A  dicker  of  hides,  10  skins. 
Ditto,  of  gloves,  10  dozen  pairs. 
A  last  of  hides,  20  dickers. 

A  standard  gallon  contains  10  lbs.  avoirdupois  of  distilled  watei. 
A  barrel  of  beer,  36  gallons. 
A  hogshead  of  beer,  54  gallons. 

A  stone  of  fish.  14  lbs.,  and  of  wool  14  lbs.  The  same  for  horseman's  weight, 
hay,  iron,  shot,  etc. 

A  ton  contains  42  cubic  feet. 

Flour,  peck  or  stone,  14  lbs, 

Flour,  boll  of  10  pecks  or  stones,  140  lbs. 

Flour,  sack  of  2  bolls,  280  lbs. 

Flour,  barrel,  196  lbs.  — 

8  gallons,  a  bushel  of  corn. 

3  bushels  of  corn,  a  quarter. 

A  last  of  corn  or  rape-seed,  10  quarters,  or  80  bushels. 

A  last  of  potash,  codfish,  white  herrings,  meal,  pitch  and  tar,  12  barrels. 

A  last  of  flax  and  feathers,  17  cwt;  of  gunpowder,  24  barrels,  or  2,400  lbs.;  of 
•wool,  4,568  lbs. 

A  ton  in  weight  is  20  cwt.  of  iron,  etc.,  but  in  lead  there  is  19^  cwt.,  called  a 
fodder,  which  is  2,184  lbs. 

A  tod  of  wool  is  28  pounds. 

A  pack  of  wool,  240  pounds. 

4  lbs.  avoirdupois  is  equal  to  5  lbs.  troy,  nearly. 
A  firkin  of  butter.  56  lbs. 

A  pipe  of  port,  115  imperial  gallons. 

A  pipe  of  Lisbon,  117  imperial  gallons. 

A  pipe  of  Cape  or  Madeira,  92  imperial  gallons. 

A  pipe  of  Teneriflfe,  100  imperial  gallons. 

A  butt  of  sheiTy,  108  imperial  gallons. 

A  hogshead  of  claret,  46  imperial  gallons. 

An  Auln  of  hock,  30  imperial  callous. 

A  poud  in  weight  is  36  poundsRussian,. 

Pipes  of  wine  are  of  different  capacities  as  above  shown. 


WEIGHTS   AND   MEASURES. 


433 


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POSTAL 


HerschePs  Weather  Table  will  hardly  prove  as  accurate  in  its 
predictions  as  the  U.  S.  Signal  Service,  aided  bj  the  telegraph, 
but  in  localities  east  of  the  Rocky  Mountains  where  Signal  Service 
reports  can  not  be  referred  to  daily,  it  may  be  of  some  value;  but 
different  atinospheric  influences  prevail  west  of  the  Rocky  Mount- 
ain range,  and  there  it  would  be  of  very  little  practical  benefit. 


DIFFERENCE    IN  THE   TIME    OF    DAY 


Between  Denver  and  Montreal,  Canada,    (Later 

"  Boston,  Mass " 

Albany,  N.  Y 

"  New  York,  N.  Y 

"  Philadelphia,  Pa 

"  Baltimore,  Md 

«  Washington  City,  D.  C " 

"  Pittsburg,  Penn " 

"  Cincinnati,  Ohio " 

*  Louisville,  Ky " 

*  Detroit,  Mich " 

"  Chicago,  111 

"  Milwaukee,  Wis " 

"  St.  Louis,  Mo 

"  St.  Paul,  Minn 

"  Council  Bluffs,  Iowa " 

"  Portland,  Maine " 

"  Salt  Lake,  Utah (Earlier 

"  San  Francisco,  Cal. " 

Calculated  by  A.  B.  Ingols,  jeweler,  Denver,  Col. 


HRS. 

MIN. 

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2 

06 

u 

2 

16 

(( 

2 

05 

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2 

04 

59 
53 
52 
40 

22 

u 

18 

!: 

28 
09 

" 

08 

" 

0 

59 

" 

0 

39 

" 

0 

37 

(( 

2 

19 

than) 

0 

28 

(( 

1 

09 

34 
02 
16 
15 
41 
49 
15 
08 
17 
16 
06 
44 
39 
14 
56 
04 
16 
08 
31 


POSTAIi   KEGCTLATIONS. 

The  following  directions  to  the  public  were  issued  by  Post- 
master-General Thos.  L,  James,  November  1,  1881,  and  are  still 
in  force. 

Direct  your  mail  matter  to  a  post-office^  and  if  to  a  city  add  the 
street  and  number  or  post-office  box  of  the  person  addressed.  If 
you  are  not  certain  that  the  place  to  which  you  wish  to  send  is  a 
post-office,  inquire  of  the  postmaster.  Matter  not  addressed  to  a 
post-office  cannot  be  forwarded.  Write  or  print  your  name  and 
address.,  and  the  contents,  if  a  package,  upon  the  upper  left-hand 
corner  of  all  mail  matter.  This  will  insure  its  immediate  return 
to  you  for  correction,  if  improperly  addressed  or  insufficiently 
paid  ;  and  if  it  is  not  called  for  at  destination,  it  can  be  returned  to 
you  without  going  to  the  Dead  Letter  Office.  If  a  letter,  it  will  be 
returned  free.     Register  all  valuable  letters  and  packages.     ^'^%- 


REGULATIONS.  435 

istry  fee,  ten  cents,  which,  with  the  postage,  must  be  fully  pre- 
paid. The  name  and  address  of  sender  must  be  given  on  the 
outside  of  the  envelope  or  wrapper. 

Rates  of  Postage. 

FiKST  Class. — Letters  and  all  other  written  matter,  whether 
sealed  or  unsealed^  and  all  other  matter  sealed^  nailed,  sewed,  tied, 
or  fastened  in  any  manner,  so  that  it  cannot  be  easily  examined, 
three  cents  ^er  half  ounce  or  fraction  thereof.  Postal  cards,  one  cent 
each.  Postal  cards  are  untnailahle  with  any  writing  or  printing  on 
the  addressed  side,  except  the  direction,'  or  with  anything  pasted 
upon  or  attached  to  them. 

Second  Class. — Only  for  publishers  and  news  agents. 

Third  Class. — Printed  matter,  in  unsealed  wrappers  only  (all 
matter  inclosed  in  notched  envelopes  must  pay  letter  rates),  on£ 
cent  for  each  two  ounces  or  fraction  thereof  which  must  he  fully 
prepaid.  This  includes  books,  circulars,  chromos,  engravings, 
hand-bills,  lithographs,  magazines,  music,  newspapers,  pamphlets, 
photographs,  proof-sheets  and  manuscript  accompanying  the 
same,  reproductions  by  the  electric  pen,  hektograph,  metallograph, 
papyrograph,  and,  in  short,  any  reproduction  upon  paper  by  any 
process  except  hand  writing  and  the  copying  press.  Limit  of 
weight,  four  pounds,  except  for  a  single  book,  which  may  weigh 
more. 

Fourth  Class. — All  mailable  matter,  not  included  in  the  three 
preceding  classes,  which  is  so  prepared  for  mailing  as  to  be  easily 
withdrawn  from  the  wrapper  and  examined.  Rate,  one  cent  per 
ounce  or  fraction  thereof. 

Limit  of  weight,  four  pounds.     Full  prepayment  compulsory. 

Permissible  Writing. 

No  writing  is  permitted  on  third  or  fourth  class  matter  except  as 
follows:  The  name  and  address  of  the  sender  on  the  outside  or 
inside  of  package,  preceded  by  the  word  "from."  On  the 
wrapper  may  also  be  written  the  names  and  number  of  articles 
inclosed.  The  sender  is  further  allowed  to  mark  a  word  or  pas- 
sage in  a  book  or  paper  to  which  he  desires  to  call  special  attention. 
He  may  also  write  a  simple  inscription  or  dedication  upon  the 
cover  or  blank  leaves  of  a  book  or  pamphlet.  There  may  be  at- 
tached to  articles  of  merchandise,  by  tag  or  label,  a  mark,  number, 


436  posTAi. 

name  or  letter,  for  purpose  of  identification.  Printed  circulars 
may  contain  the  written  name  of  the  sender,  or  of  the  addressee, 
and  the  date.  Any  other  writing  on  third  or  fourth  class  matter 
will  subject  the  package  to  letter  rates  of  postage^  and  render  the 
sender  liahle  to  a  fine  of  ten  dollars  for  each  offense. 

Rates  of  Postage  to  Canada. 

■"Embraciug  all  the  British  North  American  Provinces   except  Newfoundland.] 
Letters  and  Postal  Cards. — Same  rates  and  conditions  of  pre- 
payment of  postage  as  for  domestic  letters  and  postal  cards. 

Other  Matter. — Same  rates  and  conditions  of  transmission  as 
for  matter  for  delivery  within  the  United  States,  except  that  mer- 
chandise is  rigidly  excluded.  Samples  of  merchandise  are  maila- 
ble, but  they  must  not  exceed  eight  ounces  in  weight,  and  are 
subject  to  a  postage  of  ten  cents  each.  They  must  also  be  strictly 
specimens  of  goods  for  sale. 

Rates  to  Other  Foreign  Countries. 

For  rates  of  postage  to  countries  not  hereinafter  named,  condi- 
tions of  prepayment,  limit  of  size  and  weight,  and  manner  of  wrap- 
ping, etc.,  ask  your  postmaster  for  all  necessary  information,  as  he 
is  notified  monthly  from  the  general  post-ofiice. 

Unmailable  Matter. 

Obscene  books,  letters,  papers,  pictures,  and  postal  cards;  lottery 
circulars  and  letters;  liquids,  gun-powder  and  other  explosives; 
live  animals  (except  queen  bees),  poisons,  and  any  article  liable  to 
injure  the  mails  or  the  persons  of  those  handling  them. 

Weighing  Packages. 

If  you  have  no  scales,  you  should  have  all  packages  weighed  at 
the  post-oflice.  The  postage  must  he  prepaid  in  fidl;  otherwise 
the  packages  will  not  be  forwarded. 

Re-Forwarding. 

Letters  and  packages  will  be  re-forwarded  from  one  post-office  to 
another  upon  the  written  request  of  the  person  addressed,  without 
additional  postage  charge  ;  but  unclaimed  packages  can  not  he  re- 
turned to  the  s&nder  until  stamps  are  furnished  to  pay  the  return 
postage. 


•  REGULATIONS.  437 

POSTAL  REGUIiATIONS— RATES. 

Letters. 

Letters — Three  cents  for  each  balf  ounce  or  fraction  thereof.  * 
Drop  Letters — Delivered  in  a  city  where  free  delivery  by  carri- 
ers is  established,  two  cents  for  each  half  ounce  or  fraction  thereof. 
Drop  Letters — Delivered  at  offices  where  free  delivery  by  car- 
riers is  not  established,  one  cent  for  each  half  ounce  or  fractions 
thereof. 

Regular  Publications. 

Bulk  Mail — For  all  papers  published  once  a  week  and  oftener 
two  cents  for  each  pound  or  fraction  thereof. 

For  all  papers  published  less  often  than  once  a  week  three  cents 
for  each  pound  or  fraction  thereof. 

Local  Rates — When  delivered  at  letter-carrier  offices  for  delivery 
at  the  office  of  mailing,  or  by  its  carriers,  the  postage  on  period- 
icals is  as  follows: 

1.  Weekly  newspapers  to  regular  subscribers  two  cents  per 
pound. 

2.  On  newspapers  (excepting  weeklies),  whether  regular  or  tran- 
sient, and  without  regard  to  weight  or  frequency  of  issue,  one  cent 
each. 

3.  On  periodicals  (other  than  newspapers),  whether  regular  or 
transient,  not  exceeding  two  ounces  in  weight,  one  cent  each. 

4.  On  periodicals  (other  than  newspapers),  whether  regular  or 
transient,  exceeding  two  ounces  in  weight,  two  cents  each. 

5.  At  offices  where  free  delivery  by  carriers  is  not  established 
two  or  three  cents  per  pound,  according  to  frequency  of  issue. 

County  Mail — Free. 

Local  Rates — When  delivered  at  letter-carrier  offices  the  same 
rates  given  as  1  and  2  of  local  rates  under  the  head  of  Bulk  Mail. 

Transient  Mail — For  each  two  ounces  or  fraction  thereof  one 
cent. 

Local  Rates — When  delivered  at  letter-carrier  offices  for  delivery 
at  the  office  of  mailing,  or  by  its  carriers,  the  same  rates  given  as 
2,  3  and  4  of  local  rates  under  head  of  Bulk  Mail. 

*  Postage  on  letters  will  probably  be  reduced  to  two  cents  per  half  ounce,  only, 
by  the  present  Congress. 


438  POSTAL 

Mailable   Matter 

is  divided  into  four  classes.  First,  written  matter;  second,  peri- 
odical publications;  third,  miscellaneous  printed  matter;  fourth, 
merchandise. 

FIRST    CLASS. 

Mailable  matter  of  the  first  class  embraces  letters,  postal  cards, 
and  all  matters  wholly  or  partly  in  writing. 

On  mailable  matter  of  the  hrst  class,  except  postal  cards  and 
drop-letters,  postage  must  be  prepaid  at  the  rate  of  three  cents  for 
each  half  ounce  or  fraction  thereof 

For  registered  letters  ten  cents  must  be  paid  in  addition  to  the 
proper  postage. 

Postal  cards  pay  their  own  postage. 

Letters. — This  class  includes  letters  and  anything  of  which  the 
postmaster  cannot  ascertain  the  contents  without  destroying  the 
wrapper,  or  anything  unsealed  which  may  be  wholly,  or  partly  in 
writing — except,  Sw^-manuscript,  corrected  proofs  passing  between 
authors  and  publishers,  and  postal  cards. 

It  is  only  requisite  that  one  full  rate  of  postage  be  prepaid  on  a 
letter,  not  addressed  to  a  foreign  country,  to  insure  its  being  for- 
warded in  the  mails  ;  the  deficient  postage  will  be  collected  on 
delivery. 

Drop  letters  unpaid  when  deposited  in  a  post-office  are  not  adver- 
tised, but  are  sent  to  the  Dead  Letter  Office. 

SECOND    CLASS. 

Regular  Publications. — This  class  includes  all  matter  exclu- 
sively in  print  and  regularly  issued  at  stated  periods  from  a  known 
office  of  publication  or  news-agency. 

The  postage  on  matter  of  this  class  must  be  prepaid  or  it  will 
not  be  forwarded.  Any  newspaper  or  regular  publication  received 
at  a  post-office  for  delivery  from  another  office  is  regarded  as  being 
prepaid,  the  fact  that  it  is  in  the  mail  being  conclusive  evidence 
of  prepayment  in  full . 

Publishers  must  be  careful  and  not  mix  their  mails  as  they  will 
be  required  to  enclose  their  county,  transient  and  each  class  of 
their  bulk  mail  in  separate  bags. 

THIRD  class. 
Mail  matter  of  the  third  class  embraces  books,  transient  news- 
papers and  periodicals,  circulars,  and  other  matter  wholly  in  print, 


REGULATIONS.  4S9 

proof-sheets,  corrected  proof-sheets,  and  manuscript  copy  accom- 
panying the  same.  On  such  matter  the  postage  must  be  fully  pre- 
paid by  postage  stamps  affixed  to  said  matter  at  the  rate  of  one 
cent  for  each  two  ounces,  and  one  cent  for  each  fractional  part  of 
two  ounces. 

FOURTH    CLASS. 

Mailable  matter  of  the  fourth  class  embraces  all  matter  not  em- 
braced in  the  former  classes,  and  which  is  not  in  its  form  or  nature 
liable  to  destroy,  deface,  or  otherwise  damage  the  contents  of  the 
mail-bag,  or  harm  the  person  of  any  one  engaged  in  the  postal 
service,  and  does  not  exceed  four  pounds  in  weight  for  each  pack- 
age thereof. 

This  class  of  matter  is  subject  to  examination  by  the  postal  offi- 
cers; and  the  postage  must  be  prepaid  on  the  same  by  affixing 
postage  stamps  thereto  at  the  rate  of  one  cent  for  each  ounce  and 
fraction  of  an  ounce  thereof 

Foreign  Postage. 

The  rates  of  postage  on  letters  to  foreign  countries  are  as  fol- 
lows : 

To  Mexico,  China,  Manilla,  Panama,  Aspinwall,  Fiji  Islands, 
Japan,  Chili,  Peru,  and  all  Pacific  South  American  ports,  Great 
Britain,  Ireland,  Germany,  the  colonies  of  South  Australia  and 
"West  Australia,  and  Tasmania,  fifteen  cents  for  each  half  ounce. 

To  British  Columbia  and  the  Dominion  of  Canada,  three  cents  for 
each  half  ounce;  to  Hawaiian  Islands,  six  cents  for  each  half  ounce; 
to  New  Zealand,  New  South  Wales,  Queensland,  and  Victoria, 
twelve  cents  for  each  half  ounce. 

On  newspapers,  two  cents  each  to  the  countries  above  named. 

On  mailable  matter  of  the  third  class,  to  the  Dominion  of  Can- 
ada, ten  cents  for  every  eight  ounces  and  fraction  thereof. 

The  postage  on  letters  to  other  foreign  countries  than  those 
above  named  varies  in  rate  according  to  the  route  by  which  they 
are  sent,  and  the  proper  information  respecting  such  postage  can 
be  obtained  of  any  postmaster  in  the  United  States. 

Money  Orders. 

Money  orders  are  issued  in  sums  not  exceeding  $50  in  any  one 

order.     The  charges  are  : 

On  orders  not  exceeding  $15 10  cents. 

"      of  from  $15  to  $30 15      " 

"       "      "      $30  to  $40 20      " 

"      "      "      $40  to  $50 25      " 


440  POSTAL 

Letters  can  be  registered  by  paying  postage  in  full,  and  a  regis- 
tration fee  of  ten  cents. 

Mailable  matter  of  the  first,  third,  and  fourth  classes  can  be 
registered. 

Home  letter  postage  will  doubtless  be  reduced  to  two  cents  per  half 
ounce,  by  the  present  Congress. 

Registered  Letters. 

Registered  mail  matter  is  sent  by  mail  at  the  owner's  risk. 

A  receipt  is  never  given  in  any  case  in  which  the  contents  of  a 
letter  are  mentioned. 

The  fee  for  registering  a  letter  is  ten  cents  additional  to  the 
regular  rates  of  postage. 

A  registered  letter  is  not  subject  to  attachment  in  law  while  in 
the  hands  of  the  postmaster. 

The  registry  fee  must  be  paid  on  each  letter  presented;  two  or 
more,  even  if  addressed  to  one  person,  cannot  be  tied  or  fastened 
together  and  registered  as  one  letter,  and  but  one  address  can  be 
written  on  each  package. 

After  a  registered  letter  has  been  deposited  for  transmission  it 
cannot  be  recalled  by  the  sender  ;  it  will  be  sent  as  addressed,  and 
if  not  delivered,  returned  in  accordance  with  regulations. 

The  name  and  post-office  address  of  the  sender  must  be  endorsed 
on  the  face  of  the  envelope,  to  which  must  be  attached  stamps  in 
payment  for  the  full  postage  and  registry  fee.  The  name  and  ad- 
dress of  but  one  sender  can  be  indorsed  thereon. 

Postal  Money  Orders. 

An  order  must  always  be  made  payable  only  to  one  person  or 
one  firm. 

An  order  will  be  refused  when  the  applicant  is  unable  to  state 
the  initials  or  the  given  name,  or  names,  of  the  payee. 

An  order  may  be  issued  for  any  amount,  from  one  cent  to  fifty 
dollars  inclusive,  but  fractional  parts  of  a  cent  cannot  be  included. 

The  person  in  whose  favor  the  order  is  drawn  should  be  cor- 
rectly informed  as  to  the  names  and  addresses  in  full  as  given  in 
the  application  for  the  order. 

The  order  should  not  be  sent  in  the  same  letter  in  which  the  iii- 
forniation  is  sent  as  to  the  name  and  address  as  given  in  the  ap- 
nlication. 

The  given  name  of  u  married  woman  must  be  used  and  not  that 


REGULATIONS.  441 

of  her  husband.     Thus,  it  is  not  allowable  to  use  the  name  Mrs. 
William  Brown,  in  making  an  application  for  an  order  when  the 
real  name  is  Mrs.  Mainj  Brown. 
The  fees  for  orders  are  as  follows: 

On  orders  not  exceeding  $10 5  cents. 

"        "      over  $10  and  not  exceeding  |20 10      " 

20        "  "  30 15      "• 

"        "        "        30        "  "  40 20      " 

«'        "        "        40        "  "  50 25       " 

When  a  larger  sum  than  fifty  dollars  is  required,  additional  or- 
ders must  be  obtained ;  but  no  more  than  three  orders  will  be  issued 
in  one  daj^  from  the  same  post-oflfice  to  the  same  remitter  in  favor 
of  the  same  payee. 

The  payee  of  an  order. can  endorse  it  to  an 3^  other  person.  More 
than  one  indorser  will  render  the  order  invalid  and  not  payable. 
The  person  to  whom  the  order  is  paid  is  required  to  sign  his  name 
in  receipt  on  the  face  of  the  order. 

An  order  which  is  not  presented  for  payment  until  after  the  ex- 
piration of  one  year  from  its  date  is  invalid  and  not  payable.  Ap- 
plication for  such  invalid  order  can  be  made  on  blanks  furnished 
by  the  Department. 

An  order  can  be  repaid  to  the  person  who  obtained  it  at  the  of- 
fice where  it  was  procured  :  Provided^  The  order  is  less  than  one 
year  old  and  does  not  bear  more  than  one  indorsement.  The  fee 
in  any  case  will  not  be  refunded 

When  it  is  desired  to  cliange  the  place  of  payment,  or  an  error 
nas  been  made,  under  the  above  restrictions  the  postmaster  can 
repay  the  order  and  issue  another  in  lieu  thereof.  If  the  error 
was  that  of  the  postmaster  no  charge  for  the  new  order  will  be 
made,  but  if  it  was  the  error  of  the  one  who  obtained  it,  an  "  ad- 
ditional fee  must  be  paid  as  for  a  new  transaction. 

When  an  order  has  been  lost  by  either  remitter  or  payee,  a 
duplicate  may  be  issued  by  the  Department  to  the  owner  of  the 
original  free  of  charge.  For  this  purpose  it  will  be  required  that 
an  application  be  made  in  which  the  circumstances  of  the  loss 
must  be  stated,  which  is  to  be  forwarded  by  the  issuing  or  paying 
postmaster  to  Washington,  together  with  a  certificate  from  the  for- 
mer that  the  original  order  has  not  been  and  will  not  be  repaid, 
and  one  from  the  latter  that  the  same  has  not  been  and  will  not  be 
paid. 


442  POSTAL 

Gteneral  Information- 

A  postmaster  cannot  give  credit  for  postage. 

When  a  letter  is  addressed  to  one  person  in  the  care  of  another 
it  may  be  delivered  to  either  party. 

Letters  and  other  matter  printed  by  the  new  type-writing  machine 
are  charged  with  letter  rates  of  postage. 

Letters  addressed  to  a  person  not  found  at  the  office  addressed, 
may  be  forwarded  without  additional  charge. 

A  mail  carrier  is  one  who  carries  the  mails  on  post  routes  ;  a 
letter  carrier  is  one  who  delivers  mail  in  a  city. 

Postage  stamps  should  invariably  be  placed  on  the  upper  right- 
hand  corner  of  the  address  side  of  all  mail  matter. 

Always  examine  letters  or  other  matter  immediately  before 
mailing  to  ascertain  if  the  stamps  are  securely  attached. 

Domestic  letters  with  request  to  return  printed  or  written 
thereon,  will  be  returned  without  additional  postage. 

One-half  ounce  avoirdupois  is  deemed  and  taken  for  postal 
purposes  as  equivalent  to  fifteen  grammes  of  the  metric  weight. 

No  conveyance  is  exempt  from  paying  tolls  or  ferriages  or  from 
attachment  for  debt,  because  used  in  carrying  United  States 
mails. 

As  much  as  possible  avoid  using  envelopes  made  of  thin  paper. 
Great  care  should  be  taken  that  envelopes  and  wrappers  are  strong 
and  durable. 

The  postage  on  ship  or  steamboat  letters  carried  from  one  port 
to  another  on  inland  waters  is  six  cents  ;  but  if  delivered  at  office 
of  mailing,  four  cents. 

It  is  of  great  convenience  to  a  post-office  if  letters,  when  mailed 
in  large  numbers,  are  tied  in  bundles  with  the  addresses  of  each 
bundle  in  one  direction. 

Cut  postage  stamps,  stamps  cut  from  stamped  envelopes,  muti- 
lated postage  stamps  and  internal  revenue  stamps  cannot  be  ac- 
cepted in  payment  for  postage. 

A  letter  should  contain  the  full  name  and  post-office  address  of 
the  writer,  in  order  that  it  may  be  returned  in  case  it  should  be 
sent  to  the  Dead  Letter  Office. 

Any  person  not  so  authorized  by  the  Postmaster-General,  who 
shall  open  or  profess  to  keep  any  office  or  place  of  business  bear- 
ing the  sign,  name  or  title  of  post-office,  is  liable  to  a  fine  of 
$500. 


REGULATIONS.  443 

Matter  addressed  to  fictitious  persons,  or  firms,  or  with  initials, 
will  not  be  delivered  unless  it  is  addressed  to  a  specific  street  and 
number  or  to  a  post-office  box  ;  nor  will  letters  so  addressed  be 
registered. 

A  mail  carrier  is  obliged  to  receive  any  mail  matter  offered  him 
if  properly  prepaid  by  stamps,  and  to  deliver  the  same  for  mail- 
ing to  the  next  post-office  at  which  he  arrives,  but  no  fees  shall  be 
charged  therefor. 

A  mail  carrier  cannot  carry  a  letter  outside  of  the  mails  unless 
it  is  enclosed  in  a  postage-stamped  envelope,  except  letters  handed 
him  more  than  one  mile  from  a  post-office  which  he  must  de- 
liver as  stated  above. 

Parties  applying  to  rent  a  box  in  a  post-office  at  any  time  other 
than  the  first  day  of  January,  April,  July  or  October  must  pay  pro 
rata  for  the  enexpired  term  of  the  current  quarter,  and  for  the 
whole  of  the  ensuing  quarter. 

The  address  of  a  letter  should  be  made  legible  and  complete, 
giving  the  name  of  the  post-office,  county  and  State.  The  name 
of  the  street  and  its  number  should  be  included  in  the  address  of 
letters  to  cities  where  letter  carriers  are  employed. 

When  dropping  a  letter  or  other  mail  matter  into  a  letter  box 
placed  on  the  street  or  elsewhere,  or  into  the  receptacles  at  thepost- 
office,  always  be  sure  that  the  packet  falls  into  the  place  intended, 
and  does  not  drop  outside,  or  remain  in  the  passage. 

A  person  renting  a  post-office  box  is  entitled  to  have  the  letters 
of  his  family,  firm  or  company  delivered  therein.  Letters  ad- 
dressed to  friends  stopping  temporarily  with  him  will  also  be  placed 
in  his  box,  if  directed  to  his  care  or  to  the  care  of  the  number  of 
the  box.  Letters  addressed  simply  to  the  number  of  the  box 
will  be  placed  therein. 

No  person,  steamboat  or  vessel  will  be  permitted  to  engage  in 
carrying  letters  between  localities  which  have  no  post-offices,  unless 
stamped  envelopes  are  used  in  accordance  with  postal  regula- 
tions. The  date  of  the  letter,  or  of  the  transmission  or  receipt 
thereof,  must  be  written  or  stamped  on  the  envelope.  J!So  stamp 
is  required  on  a  letter  sent  by  a  special  messenger. 


CHAPTER  XVII. 

NATURALIZATION     AND     FURTHEE,     CrVTL    AND 
CRIMINAL  LEGAL.  FORMS. 

In  order  for  a  free  white  person,  born  in  a  foreign  country,  to 
become  a  citizen  of  the  United  States,  it  is  necessary  that  he 
should  make  a  declaration  under  bath,  at  least  two  years  before 
his  admission  of  his  intention  to  become  a  citizen,  and  he  must 
renounce  his  allegiance  to  his  own  sovereign.  This  declaration 
must  be  made  before — 

First.  Any  State  court,  being  a  court  of  record,  and  having  a 
seal  and  clerk  and  common-law  jurisdiction. 

Second.    Before  a  circuit  court  of  the  United  States.    . 
Third.     Before  a  district  court  of  the  United  States. 
Fourth.     Before  a  clerk  of  either  of  these  courts. 
After  he  has  been  a  resident  of  the  United  States  for  five  years, 
and  has  made  his  declaration  of  intentions  at  least  two  years  be- 
fore, he   may  then  be  admitted  to  the  rights  of  citizenship.       In 
order  for   this  he  must  prove,  by  the  oath  of  two  citizens  of  the 
United  States,  that  he   has  been  a  resident  of  the  United  States 
for  five   years,  and  one   year  within  the  State  where  the  court  is 
held. 

He  must  also  take  an  oath  to  support  the  Constitution  of  the 
United  States,  and  on  oath  to  renounce  and  abjure  his  native 
allegiance. 

If  he  were  a  minor  when  he  came  to  this  country,  and  shall 
have  resided  in  the  United  States  for  three  years  next  before  his 
attaining  his  majority,  he  may  be  admitted  without  such  declara- 
tion, on  proving  by  two  witnesses  that  he  has  resided  five  years 
in  the  United  States,  three  years  as  a  minor  and  two  since  he  be- 
came of  age,  making  the  declaration  of  his  intentions  at  the  time 
of  his  admission,  and  declaring  on  oath  and  proving  to  the  satis- 
faction of  the  court  that  for  three  years  next  preceding  it  had 
been  his  hona  fide  intention  to  become  a  citizen. 

The  alien's  country  must,  at  the  time  of  his  admission,  be  at 
peace  with  the  United  States. 

(444) 


NATURALIZATION.  445 

If  an  alien  die  after  having  made  his  declaration  of  intention 
and  before  his  admission,  his  widow  and  children  are  citizens. 

The  minor  children  of  any  one  duly  naturalized,  if  dwelling  in 
the  United  States,  are  citizens. 


Form  of  Declaration  of  Intention. 

I,  John  Doe,  do  declare  on  oath  that  it  is  hoim  fidevcLj  intention 
to  become  a  citizen  of  the  United  States,  and  to  renounce  forever 
all  allegiance  and  fidelity  to  all  and  any  foreign  prince,  potentate. 
State  and  sovereignty  whatever,  and  particularly  to  (the  Queen  of 
Great  Britain  and  Ireland)  of  whom  I  was  a  subject. 

John  Doe. 

Sworn  in  open  court,  this 

day  of ,  18 — . 

clerk's  certxficate. 

I,  John  Smith,  Clerk  of  the  (District  Court  of  the  United  States), 
do  certify  that  the  above  is  a  true  copy  of  the  original  declaration 
of  intention  of  John  Doe  to  become  a  citizen  of  the  United  States, 
remaining  of  record  in  my  office. 

In  testimony  whereof  I  have  hereunto  subscribed  my  name  and 

affixed   the   seal  of  the   said  court,   this  day   of ,  one 

thousand  eight  hundred  and . 

John  Smith,  Clerk. 

[seal  of  the  court.] 


Form  of  Afiadavit  of  Minor. 

In  the  matter  of  John  Doe,        I 

on  his  Naturalization,  j 

John  Doe,  being  duly  sworn,  says  that  for  the  continued  term  of 
five  years  last  past  he  has  resided  within  the  United  States,  and 

that  for  one  year  last  past  he  has  resided  within  the  State  of ; 

and  at  the  time  he  so  arrived  in  the  United  States  he  had  not  at- 
tained his  eighteenth  year;  that  it  is  bona  fide  his  intention,  and 
has  been  for  the  last  three  years,  to  become  a  citizen  of  the  United 
States,  and  to  renounce  forever  all  allegiance  and  fidelity  to  all 
and  every  foreign  prince,  potentate.  State  and  sovereignty  what- 
ever, and  particularly  to  (Victoria  the  Queen  of  Great  Britain  and 
Ireland)  of  whom  he  was  a  subject. 

John  Doe. 

Sworn  in  open  court,  the 

day  of ,  18—. 

John  Smith,  Clerk. 


446  NATURALIZATION. 

Form  of  Affidavit  to  Prove  Intention. 

State  of ,  I  .     ^-i.. 

r[        .        .'  }  to  Wit: 

Uonntj  01 .    ) 

John  Jones,  being  duly  sworn,  says  that  he  is  a  citizen  of  the 
United  States;  that  he  is  well  acquainted  with  the  above-named 
John  Doe,  and  that  the  said  John  Doe  has  resided  within  the 
Territory  of  the  United  States  for  live  years  last  past,  and  for  one 

year  last  past  in  the  State  of ;  and  that  during  such  period 

he  has  behaved  himself  as  a  man  of  good  moral  character,  attached 
to  the  principles  of  the  Constitution  of  the  United  States,  and  well 
disposed  to  the  good  order  and  happiness  of  the  same;  that  for 
three  years  last  past  it  has  been  hona  fide  the  intention  of  the  said 
John  Doe  to  become  a  citizen  of  the  United  States,  and  that  at  the 
time  the  said  John  Doe  arrived  in  the  United  States  he  had  not 
attained  his  eighteenth 'year. 

John  Jones. 
Sworn  in  open  court,  this 

day  of ,  18—. 

John  Smith,  Clerk. 


Form  of  Proof  of  Hesidence. 

State  of , 


County  of .  f 

Peter  Smith  and  J  ohn  Jones,  being  duly  sworn,  say  that  they 
are  both  of  them  citizens  of  the  United  States  of  America;  that 
they  know  John  Doe,  and  that  he  has  resided  within  the  Territory 
and  jurisdiction  of  the  United  States  for  five  years  last  past;  that 
during  that  time  he  has  behaved  as  a  man  of  good  moral  character, 
attached  to  the  principles  of  the  Constitution  of  the  United  States, 
and  well  disposed  to  the  good  order  and  happiness  of  the  same. 

Peter  Smfih, 
John  Jones. 
Sworn  in  open  court  this 

day  of ,  18 — ,  before  me, 

,  Judge. 


Form  of  Oath  of  Allegiance. 

I,  John  Doe,  do  solemnly  swear  that  I  will  support  the  Consti- 
tution of  the  United  States  of  America,  and  that  1  do  absolutely 
and  entirely  renounce  and  abjure  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  State  or  soverignty  whatever,  and  par- 
ticularly to  ( Victoria,  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland),  of  whom  1  was  a  subject.  (Any  title  or 
order  of  nobility  must  also  be  renounced.) 

John  Doe. 
Sworn  in  open  court,  the 

day  of  ,  18  — ,  before  me, 

GBOfiGK  Goodman,  Judge. 


NATURALIZATION.  447 

Form  of  Certificate  of  Citizenship. 

United  States  of  America,  1 

State  of ,  y  ss. 

County  of .     ) 

Be  it  remembered  that  on  the day  of ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and ,  John  Doe  ap- 
peared in  the court  (the  said  court  being  a  court  of  record, 

having  common-law  jurisdiction  and  a  clerk  and  seal),  and  applied 
to  the  said  court  to  be  admitted  to  become  a  citizen  of  the  United 
States  of  America,  pursuant  to  the  provisions  of  the  several  acts  of 
the  Congress  of  the  United  States  of  America,  for  that  purpose 
made  and  provided;  and  the  said  applicant  having  thereupon  pro- 
duced to  the  court  such  evidence,  made  such  declaration  and  renun- 
ciation, and  taken  such  oaths  as  are  by  the  said  acts  required; 
thereupon,  it  was  ordered  by  the  said  court  that  the  said  applicant 
be  admitted,  and  he  was  accordingly  admitted  by  the  said  court  to 
be  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof,  the  seal  of  said  court  is  hereunto  affixed, 

this day  of ,  one  thousand  eight  hundred  and ',  and 

in  the year  of  our  independence. 

[seal  of  the  court.]         Per  eariam.         John  Smith,   Clerk. 


WILLS. 

As  people  sometimes  desire  to  dispose  of  their  property  by  will 
when  circumstances  might  prevent  their  calling  u])on  an  attorney 
to  draw  such  a  document,  for  convenience  in  such  cases,  short 
forms  of  wills  are  here  presented,  ])remising  that  wills  should  be 
drawn  with  great  care  and  should  distinctly  state  the  exact  inten- 
tions of  the  testator  respecting  the  disposition  of  the  property  be- 
queathed; because  if  it  be  shown  to  the  court  that  the  testator  was 
of  sound  mind,  and  acted  voluntarily  when  the  will  was  made,  the 
intention  of  the  testator,  as  shown  by  the  will,  will  be  carried  into 
efiect  by  the  court  unless  the  testator  failed  to  give  anything 
whatever  to  some  legal  heir,  in  which  case  the  will  might  be  set 
aside. 

The  testator  must  be  of  sound  mind  at  the  time  of  making  the 
will,  and  must  act  freely  and  voluntarily  and  with  the  intention 
of  making  the  will.  He  should  sign  it  in  the  presence  of  two  or 
more  witnesses,  who  should  also  sign  it.  at  the  testator's  request 
and  in  his  presence,  and  add  to  their  signatures  the  places  of  their 
residences  respectively. 

Any  person,  having   made  a  will,  can  revoke  it  at  any  time 


448  WILLS. 

thereafter;  or  can  add  to  or  change  it,  by  a  subsequent  will,  known 
in  law  as  a  codicil. 


Short  Form  of  Will. 

In  the  name  of  God.     Amen. 

I,  John  Doe,  of  the  town  of  Santa  Rosa,  in  the  county  of  Sonoma, 
and  State  of  California,  being  of  sound  mind  and  memory,  and 
considering  the  uncertainty  of  life,  do  hereby  make,  ordain,  pub- 
lish, and  declare  this  to  be  my  last  will  and  testament;  that  is  to 
say;  first.  After  all  my  lawful  debts  are  paid  and  discharged,  and 
the  expenses  of  my  funeral  shall  have  been  paid,  the  residue  of  my 
estate  1  give,  bequeath,  and  dispose  of  as  follows,  to  wit :  (To  my 
beloved  wife,  the  land  and  appurtenances  situated  thereon,  known 
and  described  as — 

[Here  describe  the  property  by  uame,  or  by  metes  and  bounds.] 
together  with  our  present  residence  in  the  town  of  Santa  Rosa, 
and  one  hundred  shares  of  the  capital  stock  of  the  Bank  of  Cali- 
fornia, now  possessed  by  me,  during  the  term  of  her  natural  life, 
and,  after  her  death,  to  be  equally  divided  among  my  heirs;  To  my 
son  Greorge,  one  hundred  other  shares  of  the  capital  stock  of  the 
Bank  of  California  possessed  by  me,  and  the  farm  known  as  the 
"Dairy  Farm,"  on  Petaluma  Creek,  in  this  county;  To  my  daugh- 
ter Marv,  one  hundred  shares  of  the  capital  stock  of  the  Nevada 
Bank,  of  San  Francisco,  possessed  by  me,  together  with  one  hun- 
dred shares  of  the  capital  stock  of  the  Standard  Mining  Company, 
the  said  mine  being  located  at  Bodie,  California;  and  all  the  rest, 
residue  and  remainder  of  my  real  and  personal  estate  I  give  and 
bequeath  to  my  other  children  and  their  heirs,  who  may  be  living 
at  the  time  of  my  decease,  to  be  divided  equally  between  them, 
share  and  share  alike.) 

I  do  hereby  make,  constitute  and  appoint  my  said  son  George, 
and  my  beloved  friends  C.  B.  Langdon  and  William  Seawell,_  to 
be  executors  of  this  my  last  will  and  testament,  hereby  revoking 
all  former  wills  by  me  made. 

In  witness  whereof  I  have  hereunto  subscribed  my  name  and 
affixed  my  seal  this  seventh  day  of  January,  a.  d.  1880. 

John  Doe.     [seal.] 

The  above  instrument  was  subscribed  by  the  above-named  John 
Doe  in  our  presence,  and  acknowledged  by  him  to  each  of  us;  and 
at  the  same  time  he  published  and  declared  the  said  instrument  so 
subscribed  to  be  his  last  will  and  testament,  and  we,  at  the  testa- 
tor's request  and  in  his  presence,  have  signed  our  names  as  wit- 
nesses thereto,  and  written  opposite  our  names  our  respective 
places  of  residence. 

John  James,  Petaluma^  Sonoma  County^  Col. 

Ika  Jones,  Healdshurg^  Sonoma  County^  Cal. 

James  Fkee,  Santa  Rosa^  Sonoma  County,  Cal. 


WILLS.  449 

Form  of  Codicil  to  a  Will. 

"Whereas  I,  John  Doe,  oftlie  town  of  Santa  Rosa,  county  of 
Sonoma,  and  State  of  California  did  make  my  last  will  and  testa- 
ment in  writing,  bearing  date  the  seventh  day  of  January,  a.  i>. 
1880,  in  and  by  which  I  have  given  and  bequeathed  to  my  son 
Georg-e  one  hundred  shares  of  the  capital  stock  oftlie  Bank  of 
California,  possessed  by  me,  together  with  the  farm  known  as  the 
"Dairy  Farm,"  on  Petaluma  Creek,  in  this  county;  and  to  my 
daughter  Mary  one  hundred  shares  of  the  capital  stock  of  the 
Nevada  Bank  of  San  Francisco  possessed  by  me,  together  with 
one  hundred  shares  of  the  capital  stock  of  the  Standard  Mining 
Company,  the  said  mine  being  located  at  Bodie,  Cal.;  now,  there- 
fore, I  do,  by  this  ray  writing,  which  I  hereby  declare  to  be  a 
codicil  to  my  last  will  and  testament,  and  to  be  taken  as  a  part 
thereof,  order  and  declare  that  my  will  is,  that  after  the  said  legacy 
to  my  beloved  wife,  all  the  residue  of  my  real  and  personal  estate 
shall  be  divided  eoually  between  my  several  children,  share  and 
share  alike. 

In  witness  whereof,  etc. 

[The  codicil  should  be  executed  with  the  same  formalities  as  to  witnesses,  their 
residences,  etc.,  as  the  original  will.] 


Olographic  Will. 

I,  George  F.  Baker,  of  the  city  of  San  Jose,  county  of  Santa 
Clara,  and  State  of  California,  knowing  the  uncertainty  of  life, 
and  being  of  sound  and  disposing  mind  and  memory,  do  make 
and  publish  this,  my  last  will  and  testament. 

First — I  commit  my  soul  to  the  Great  Ruler  of  the  Universe, 
and  my  body  to  be  buried  in  Oak  Hill  Cemetery,  beside  that  of  my 
lamented  father.  Should  I  die  in  a  foreign  land,  or  elsewhere 
than  at  home,  T  wish  ni}'^  remains  brought  here  and  buried  as  di- 
rected, the  expenses  to  be  paid  out  of  my  estate.  I  wish  my  lot 
in  said  cemetery,  and  the  grave  therein,  to  be  kept  always  green, 
and  the  lot  in  repair.  For  tliis  purpose  I  wish  the  sum  of  $250  to 
be  annually  appropriated.  My  mother  and  my  sister  Lulu  may  be 
buried  in  my  said  lot,  should  they  so  desire,  but  no  other  person. 

Second — I  direct  that  the  income  of  my  estate,  after  deducting 
the  cliarges  hereinbefore  provided  for,  shall  be  equally  divided  be- 
tween my  mother  and  my  sister  Lulu.  Upon  ♦the  death  of  either 
of  them,  then  I  direct  that  the  whole  of  such  income  shall  be  paid 
to  the  survivor,  such  payments  to  be  made  and  continue  during 
life.  I  desire  that  my  property  shall  be  so  invested  as  to  certainly 
secure  a  regular  and  permanent  income,  and  to  that  end  to  be 
placed,  if  possible,  in  first-class  national  or  State  securities,  or 
loaned  on  first  mortgages  on  real  estate:  Provided,  That  no  such 
loans  shall  be  for  more  than  forty  (^40)  per  cent,  of  the  appraised 
value  of  the  real  estate  loaned  upon,  and  interest  due  shall  be 
promptly  collected. 
29 


450  HOMESTEAD. 

Third — Upon  the  death  ot  ray  mother  and  sister,  I  direct  that 
the  net  income  of  my  estate  shall  be  devoted  forever  to  maintain 
an  art  museum  in  the  city  of  San  Jose.  The  fund  I  thus  provide 
may  not  ])rove  sufficient  to  support  more  than  a  modest  institution, 
but  1  trust  that  the  liberality  of  other  citizens  v/ill  swell  the  en- 
dowment from  time  to  time,  so  that  the  museum  may  become  the 
pride  of  our  wealthy  and  beautiful  city. 

Fourth— -Y  bequeath  to  James  W.  Rea,  of  Santa  Clara,  Califor- 
nia, my  repeater  watch,  which  I  trust  he  will  carry  and  keep  as  a 
memento  of  the  high  regard  in  which  I  hold  him  as  a  true  and 
faithful  friend. 

jPifth — I  hereby  revoke  any  and  all  wills  or  will  heretofore 
made  by  me. 

Sixth — I  hereby  appoint  my  mother,  Maria  A.  Baker,  Columbus 
Bartlett,  of  San  Francisco,  and  James  W.  Rea,  of  Santa  Clara,  exec- 
utrix and  executors  of  this  my  last  will  and  testament. 

In  witness  whereof  I  have  hereunto  set  my  hand  at  San  Jose, 
this  26th  day  of  May,  1881. 

George  F.  Baker. 


Under  the  California  Civil  Code,  and  in  Louisiana,  an  "  olo- 
graphic" will  may  be  made  by  any  person  capable  of  disposing 
of  property,  which  will  have  a  construction  as  if  made  in  the  most 
solemn  form.  The  code  says:  "An  olographic  will  is  one  that 
is  entirely  written,  dated,  and  signed  by  the  hand  of  the  testator 
himself.  It  is  subject  to  no  other  form;  and  may  be  made  in  or 
out  of  this  State,  and  need  not  be  witnessed." 


Form  of  Declaration  of  Homestead. 

Know  all  men  by  these  presents,  that  I, ,  of  the  town 

of ,  county  of ,  and  State  of ,  am  married   and  the 

head  of  a  family;  that  I  do  hereby  certify  and  declare  that  I  now 
reside  upon  and  claim  as  a  homestead  for  myself  and  ray  said 
faraily,  under  and  by  virtue  of  the  laws  of  said  State  in  such 
case  made   and  provided,  the  following  described  lot,  piece,  and 

parcel  of  land,  situated  in  said  town  of  ,  to  wit:     Commenc- 

iug  at — 

[Here  set  out  a  careful  description  of  the  property  claimed  as  a  homestead.] 

together  with,  all  and  singular,  the  tenements,  hereditaments,  and 
appurtenances  thereunto  belonging  or  in  any  wise  appertaining; 
and  that  I  estimate  the  cash  value  of  said  land  and  appurtenances 

at dollars. 

In  witness  whereof  1  have  hereunto  set  my  hand  and  seal  this 
day  of ,  A.  D.  18 — . 


ACKNOWLEDGMENT.  4-51 

The  declaration   should  be  acknowledged  before  some  oflScer 
authorized  to  take  the  acknowledgment  of    deeds,  and  recorded  in 
the  office  of  the  county  recorder  of  the  county  in  which  the  home 
stead  is  situated. 


Form  for  Abandonment  of  Homestead. 

Know  all  men  by  these  presents,  that  we,  and 


his  wife,  of  the  town  of  ,  county  of ,  and  State  of 

,  do  hereby  abandon,  release,  and  discharge  from  any  and  all 

claim  by  us  as  a  homestead,  of  the  lot,  piece,  and  parcel  of  land 

situated  in  said  town  of ■  and  bounded  and  described  as  follows, 

to  wit:     Commencing  at — 

[Describe  the  land  as  it  was  described  ia  the  declaration  of  homestead,  or  cor- 
rectly.] 

together  with,  all  and  singular,  the  tenements,  hereditaments  and 
appurtenances  thereunto  belonging  or  in  any  wise  appertaining. 

In  witness  whereof  we  have  hereunto  set  our   hands  and  seals 
this day  of ,  a.  d.  18 — . 

.  [seal.] 

.  [seal.] 


The   abandonment   must  be   acknowledged  and    should  be  re- 
corded as  the  declaration. 

The  acknowledgment  may  be  substantially  as  follows: 

Form  of  Acknowledgment. 

State  of , 


County  of 


y  ss. 


On  this day  of ,  a.  d.  188 — ,  before  me,  a in  and 

for  said  county  (if  a  notary  public,  duly  commissioned  and  sworn) 

personally  appeared  the  above-named  • ,   and 

his  wife,  to  me  known  to  be  the  persons  named  in  and  who  exe- 
cuted the  above  (or  annexed)  instrument  as  parties  thereto,  and 
they  severally  acknowledged  to  me  that  they  executed  the  same 
freely  and  voluntarily  for  the  uses  and  purposes  therein  mentioned; 

and  the  said ,  after   being  by  me  made  acquainted  with 

the  contents  of  said  instrument,  upon  an  examination  had,  separate 
and  apart  from,  and  without  the  hearing  of  her  said  husband,  ac- 
knowledged to  me  that  she  executed  the  same  freely  and  volun- 
tarily, and  without  fear  or  compulsion  or  undue  influence  of  her 
husband,  and  that  she  does  not  wish  to  retract  the  execution  of 
the  same. 

In  witness  whereof  I  have  hereunto  set  my  hand  (and  affixed  my 
official  seal)  the  day  and  year  in  this  certificate  above  written 

[L.   S.]  . 

Notary  Public. 


462  ACKNOWLEDGMENT. 

The  following  are  statutory  forms  of  acknowledgment  provided 
hj  the  Civil  Code  of  California,  and  must  be  substantially  com- 
plied with: 

Ackno"wledg^ent. 

State  of  California,    ) 
County  of .  f 

On  this day  of ,  in  the  year ,  before  me 

[Here  insert  the  name  and  quality  of  the  office.] 

personally  appeared  ■ ,  known  to  me  (or  proved  to  me  on  the 

oath  of )  to  be  the  person  whose  name  is  subscribed  to  the 

within  instrument,  and  acknowledged  to  me  that  he  (or  they)  exe- 
cuted the  same. 


[Title  of  officer.] 


Form  of  Acknowledgment  by  a  Corporation. 

State  of  California, 


County  of  '' 

On  this day  of ,  in  the  year ,  before  me  — 

[Here  insert  the  name  and  quality  of  the  officer.] 

personally  appeared ,  known  to  me  (or  proved  to  me  on  the 

oath  of )  to  be  the  president  (or  the  secretary)  of  the  corpo- 
ration that  executed  the  within  instrument,  and  acknowledged 
to  me  that  such  corporation  executed  the  same. 

[Title  of  officer.] 


Form,  by  a  Married  Woman. 

State  of  California, 


County  of .  f 

On  this day  of  ,  in  the  year ,  before  me— 

[Here  insert  the  name  and  quality  of  the  officer.] 

personally  appeared ,  known  to  me  (or  proved  to  me  on  the 

oath  of )  to  be  the  person  whose  name  is  subscribed  to  the 

within  instrument,  described  as  a  married  woman  ;  and  upon  an 
examination  without  the  hearing  of  her  husband,  I  made  her 
acquainted  with  the  contents  of  the  instrument,  and  thereupon  she 
acknowledged  to  me  that  she  executed  the  same,  and  that  she  does 
not  wish  to  retract  such  execution. 


JUDGMENTS.  453 

Form,  by  an  Attorney  in  Fact. 

State  of  California,      }^ 
County  of .  ) 

On  this day  of ,  in  the  year .  before  me — 

[Here  insert  the  name  and  quality  of  the  officer.] 

personally  appeared ,  known  to  me  (or  proved  to  me  on  the 

oath  of )  to   be  the  person  whose  name  is  subscribed  to  the 

within  instrument  as   the  attorney  in  fact  of ,  and  acknowl- 
edged to  me  that  he  subscribed  the  name  of thereto  as  principal, 

and  his  own  name  as  attorney  in  fact. 

Officers  taking  and  certifying  acknowledgments  or  proof  of 
instruments  for  record,  must  authenticate  their  certificates  by 
affixing  thereto  their  signatures,  followed  by  the  names  of  their 
offices;  also  their  seals  of  office,  if  by  the  laws  of  the  State  or 
country  where  the  acknowledgment  or  proof  is  taken,  or  by 
authority  of  which  they  are  acting,  they  are  required  to  have 
official  seals. 

The  certificate  of  proof  of  acknowledgment,  if  made  before  a 
justice  of  the  peace,  when  used  in  any  county  other  than  that  in 
which  he  resides,  must  be  accompanied  by  a  certificate  under  the 
hand  and  seal  of  the  clerk  of  the  county  in  which  the  justice  re- 
sides, setting  forth  that  such  justice,  at  the  time  of  taking  such 
proof  or  acknowledgment,  was  authorized  to  take  the  same,  and 
that  the  clerk  is  acquainted  with  his  handwriting,  and  believes  that 
the  signature  to  the  original  certificate  is  genuine. 


Form  of  Judgment  by  Default. 

[Title  of  the  Court,] 

John  Doe,  ") 

Plaintiffs  \ 

vs.  V 

RiCHAKD   KOE,  I 

Defendant.  J 

In  this  action  the  defendant,  Richard  Roe,  having  been  regularly 
served  with  process,  and  having  failed  to  appear  and  answer  to 
plaintiff's  complaint  filed  herein,  the  legal  time  for  answering  hav- 
ing expired  and  no  answer  or  demurrer  having  been  filed,  the 
default  of  the  said  Richard  Roe,  defendant,  having  been  duly 
entered  according  to  law,  upon  the  application  of  said  plaintiff  (to 
the  clerk),  judgment  is  hereby  entered  against  said  defendant,  in 


454  JUDGMENTS. 

pursuance  to  the  prayer  of  said  complaint.  Wherefore,  by  virtue 
of  the  law  and  by  reason  of  the  premises  aforesaid,  it  is  ordered, 
adjudged,  and  decreed,  that  John  Doe,  the  said  plaintiff,  do  have 

and  recover  from  the  said  defendant,  Richard  Roe,  the  sum  of 

dollars,  etc.,  with  interest  thereon  at  the  rate  of per  cent,  per 

— — ,  from  the  date  hereof  until  paid;  together  with  said  plaintifi's 
costs  and  disbursements  incurred  in  this  action,  amounting  to  the 

sum  of dollars  (in  gold  coin). 

Judgment  rendered  this day  of ,  a.  d.  18 — . 


\ 


Form  of  Judgment  by  the  Court,  without  Jury. 

[Title  of  court.] 
John  Doe, 

Plaintif, 
vs. 
Richard  Roe, 

Defendant,  j 

This  cause  came  on  regularly  for  trial  on  the day  of , 

A.  D.  18 — ,  ,  Esq. ,  appearing  as  counsel  for  the  Dlaintiff,  and 

,  Esq.,  for  the  defendant. 

A  trial  by  jury  having  been  expressly  waived  by  the  respective 
parties,  the  cause  was  tried  before  the  court  sitting  without  a  jury; 
whereupon  witnesses  on  the  part  of  plaintiff  and  defendant  were 

duly  sworn  and  examined, and  the  evidence  being  closed  the 

cause  was  submitted  to  the  court  for  consideration  and  decision; 

and  after  due  deliberation  thereon    the  court  orders  that  ■  ; 

wherefore  by  reason  of  the  law  and  the  premises  aforesaid,  it  is 
ordered,  adjudged,  and  decreed  by  the  court,  that  John  Doe,  the 
plaintiff,  do  have  and  recover  of  and  from  Richard  Roe,  the 
defendant, ,  together  with  said  plaintiff's  costs  and  disburse- 
ments incurred  in  this  action,  amounting  to  the  sum  of dol- 
lars, etc. 

,  Judge. 


Form  of  Certificate  of  Record  of  Judgment. 

Judgment  recorded ,  a.  d.  18 — . 

Clerk's  office  of  the court,  of  the  State  of ,  in  and  for 

the  county  of . 

I,  the  undersigned,  clerk  of  said  court,  do  hereby  certify  the 
foregoing  to  be  a  true  copy  of  the  judgment  entered  in  the  above- 
entitled  action. 

Attest  my  hand  and  the  seal  of  said  court,  this day  of , 

A.  D.  18—. 

,  Clerk., 

[l.  s.j  By ,  Deputy  Clerk. 


JUDGMENTS.  455 

Form  of  Judgment  on  Verdict  in  Open  Court 

[Title  of  court.] 
John  Dok,  1 

Plaintiff.  I 

'VS.  [ 

Richard  Roe, 

Defendant. 

This  cause  came  on  regularly  for  trial.     The  said  parties  appeared 

by  their  respective  attorneys, ,  Esq.,  counsel  for  plaintiff, 

and ,  Esq.,  for  the  defendant. 

A  jury  of  (twelve)  persons  was  regularly  impaneled  and  sworn 
to  try  said  action.  Witnesses  on  the  part  of  plaintiff  and  defendant 
were  sworn  and  examined.  After  hearing  the  evidence,  the  argu- 
ments of  counsel,  and  the  instructions  of  the  court,  the  jury  re- 
tired to  consider  of  their  verdict,  and  subsequently  returned  into 
court,  and  being  called,  answered  to  their  names,  and  say,  "  We, 

the  jury  in  this  cause,  find  a  verdict  for  the 

[Set  out  the  words  of  the  verdict.] 

Wherefore,  by  virtue  of  the  law,  and  by  reason  of  the  premises 

aforesaid,  it  is  ordered,  adjudged,  and  decreed  that  said have 

and  recover  from  said -,  together  with  his  costs  and  disburse- 
ments incurred  in  this  action,  amounting  to  the  sum  of dol- 
lars.    Judgment  recorded  the  day  of ,  a.  d.  188 — ,  on 

page of  Book  of  Judgments. 

Clerk's  office  of  the court,  etc. 

[And  as  follows  on  pasje  454.] 


Form  of  Decree  of  Foreclosure  and  Sale  in  Open  Court. 

[Title  of  court.] 
John  Doe,  "| 

Plaintiff., 
vs. 
R.  Roe, 

Defendant. 

This  cause  coming  on  reguiarly  to  be  lieard  tliis day  of , 

A,  d.  188 — ,  upon  the  complaint  filed  lierein  on  the  — —  day  of 
,  188 — ,  and  upon  due  proof  of  the  filing  of  notice  of  the  pen- 
dency oi  this  action,  containing  the  names  of  the  parties  to,  and 
the  objects  of,  the  action,   and    the  description   of  the   property 

aftected  thereby,  upon  the day  of ,  a.  d.  188—  (the  time 

of  filing  said  complaint),  in  the  office  of  the  county  recorder  of 

the  county  of ,  where  said  property  is  situated,  and  recording 

the  same  in  said  recorder's  ofiice,  and  upon  the  submission  of  the 
promis.^ory  note  and  tlie  mortgage  described  in  the  complaint  to 


456  JUDGMENTS. 

the  court  for  examination,  and  the  court  having  heard  the  proofs 
necessary  to  enable  it  to  render  judgment  herein;  and  it  duly  ap- 
pearing to  the  court  from  said  promissory  note  and  mortgage,  and 

from  the  testimony  of ,  who  was  sworn  and  examined  as  a 

witness  in  said  action,  that  there  is  now  due  to  the  plaintiff  from 
the  said  defendant,  R.  Roe,  for  principal  and  interest  upon  the  debt 
and  mortgage  mentioned,  and  set  forth  in  the  complaint,  the  sum 

of dollars  and cents,  which  said  sum  is  to  draw  and  bear 

interest  at  the  rate  of per  cent,  per  annum  from  the  date 

hereof;  and  it  appearing  that  all  the  allegations  contained  in  the 
said  plaintiff's  complaint  are  true: 

Now,  on  motion  of ,  Esq.,  counsel  for  the  plaintiff,    John 

Doe,  it  is  ordered,  adjudged,  and  decreed  by  the  court,  that,  all  and 
singular,  the  mortgaged  and  incumbered  property  mentioned  in 
the  said  complaint  and  hereinafter  described,  or  so  much  thereof 
as  may  be  necessary  to  raise  the  amount  so  found  to  be  due  to  the 
plaintiff  for  the  principal  and  interest  on  said  debt  and  mortgage, 

as  above  stated,  and  costs  of  suit  amounting  to,  and  taxed  at, 

dollars  and  expenses  of  sale,  and  counsel  fee  allowed  for —dol- 
lars, be  sold  at  public  auction  by,  or  under  the  direction  of,  the 

sheriff  of  the  county  of ,  where  the  said  mortgaged  premises 

are  situated ;  that  said  sale  be  made  in  said  county;  that  the  said 
sheriff  give  public  notice  of  the  time  and  place  of  such  sale  accord- 
ing to  the  course  and  practice  of  the  court  and  the  law  relative  to 
sales  of  real  estate  under  execution;  and  that  the  plaintiff,  or  any 
of  the  parties  to  this  suit,  may  become  the  purcliaser  at  such  sale; 
that  the  said  sheriff,  out  of  the  proceeds  of  said  sale,  retain  his  fees, 
disbursements,  and  commissions  on  said  sale,  and  pay  to  the  plain- 
tiff, or  his  attorney,  out  of  the  proceeds,  the  plaintiff's  costs  in  this 

suit,  so  taxed  at dollars  aforesaid,  and  the  said  sum  of 

dollars,  fixed  by  said  mortgage  and  allowed  by  the  court  as  counsel 
fees  of  foreclosure,  with  interest  thereon  from  this  date  at  the  rate 

of per  cent,  per  annum,  and  also  the  amount  so  found  due,  as 

aforesaid,    to   wit:   the   said   sum   of dollars,    together  with 

interest  thereon  at  the  rate  of per  cent,   per  annum  from  the 

date  of  this  decree,  or  so  much  thereof  as  the  said  proceeds  of  sale 
will  pay  of  the  same  (and  that  the  said  sheriff  take  iecei])ts  for  the 
amounts  so  paid  and  return  the  same  to  this  court,  with  his  report 
of  sale,  and  that  he  bring  the  surplus  money  arising  from  said  sale, 
if  any  there  be,  into  court  within  five  days  after  such  surplus  shall 
have  been  received,  and  shall  be  ascertained,  to  abide  the  farther 
order  of  this  court);  that  the  defendant  and  all  persons  claiming, 
or  to  claim,  from  or  under  him,  and  all  persons  having  liens  subse- 
quent to  said  mortgage,  and  all  persons  claiming  under  them,  and 
all  j)ersons  claiming  to  have  acquired  any  estate  or  interest  in  said 
premisG's  subsequent  to  the  filing  of  said  notice  of  the  pendency  of 
this  action  with  the  recorder  as  aforesaid,  ho  forever  barred  and 
foreclosed  of  and  from  all  equity  of  redemption  and  claim   of,  in, 


JUDGMENTS.  457 

and  to,  said  mortgaged  premises,  and  every  part  and  parcel  thereof, 
from  and  after  the  delivery  of  the  said  sherift's  deed. 

And  it  is  further  adjudged  and  decreed,  that  the  purchaser  or 
purchasers  of  said  mortgaged  premises  at  such  sale  be  let  into  pos- 
session thereof  on  production  of  the  sheriff's  deed  for  such  premises, 
or  any  part  thereof. 

And  it  is  further  adjudged  and  dec-reed,  that,  if  the  money  arising 
from  the  said  sale  shall  be  insufficient  to  pay  the  amount  so  found 
due  to  the  plaintiff,  as  above  stated,  with  the  interest,  and  costs, 
and  expenses  of  sale,  as  above  stated,  the  sheriff  specify  the  amount 
of  such  deficiency  and  balance  due  to  the  plaintiff  in'his  return  of 
said  sale,  and  that,  on  the  coming  in  of  said  return,  a  judgment  of 
this  court  shall  be  docketed  for  the  balance  against  the  defendant, 
R.  Eoe,  and  that  the  defendant,  R.  Eoe,  who  is  personally  liable 
for  the  payment  of  the  debt  secured  by  said  mortgage,  pay*  to  said 
plaintiff,  John  Doe,  the  amount  of  such  deficiency  and  judgment, 

with  interest  thereon  at  the  rate  of per  cent,  per  annum  from 

the  date  of  said  last  mentioned  return  and  judgment,  and  that  the 
plaintiff  have  execution  therefor. 

And  it  is  further  ordered,  adjudged  and  decreed,  that  the  said 
sale  be  made  for  (gold  coin)  of  the  United  States,  and  that  the 
amount  found  due  to  the  plaintiff  at  the  time  of  such  sale  as  above 
stated  be  paid  to  said  plaintiff  in  like  money,  and  if  there  be  a 
deficiency,  the  judgment  therefor  be  for  the  amount  thereof  in  like 
(gold  coin.) 

The^  description  and  particular  boundaries  of  the  property 
authorized  to  be  sold  under  and  by  virtue  of  this  decree,  so  far  as 
the  same  can  be  ascertained  from  the  mortgage  referred  to,  or  from 
the  complaint  filed  in  this  action,  are  as  follows,  to  wit: 

[Here  describe  the  property  as  in  the  complaint  and  mortgage.] 

Done  in  open  court  this day  of a.  d.  188 . 


,  Judge. 

[Office  of  the  clerk  of,  etc.] 


Form  of  Undertaking  on  Injunction. 

TTitle  of  court.  | 

Ira  Fenn,  "] 

Plaintiff., 

vs.  l 

JoHN  MeRRYMAN,         I 

Defendant.   J 

Whereas  the  above-named  plaintiff  has  commenced  an  action  in 

^^ court  of ,  in  and  for  the   county  of ,  aoainst  the 

above-named  defendant,  and  has  also  commenced  proceedings  in 


458  UNDERTAKING 

said  action  against  the  said  defendant  for  a  writ  of  injunction 
against  said  defendant;  and  whereas  the  said  plaintiff  has  obtained 
an  order  from  said  court  that  upon  the  plaintiff"  filing  with  the  clerk 
of  said  court  an  undertaking,  conditioned   according   to  law,   with 

two  or  more  sufficient  sureties  in  the  sum  of dollars,  that   an 

injunction  issue  in  said  action  enjoining- and  restraining  the  said 
defendant  from  the  commission  of  certain  acts,  as  in  the  complaint 
tiled  in  the  said  action,  is  more  particularly  set  forth  and  described; 
now  therefore,  we,  the  undersigned,  residents  and  householders 
(or  freeholders)  of  the  county  of ,  and  State  of -,  in  consid- 
eration of  the  premises  and  of   the  issuing  of  said  injunction,  do 

jointly  and  severally  undertake  in  the   sum  of dollars,  and 

promise  to  the  effect,  that  in  case  said  injunction  issue,  the  said 
plaintiff  will  pay  to  the    said  part —  enjoined,  such   damages,  not 

exceeding  the  said  sum  of dollars,  as  such  part —  may  sustain 

by  reason  of  the  said  injunction,  if  the  said court  finally  de- 
cide that  the  said  plaintiff  was  not  entitled  thereto. 

Dated  this day  of ,  a.  d.  188-. 

.  [seal.] 

.  [seal.] 


Form  of  Justification  to  the  Above. 

State  of , 


County  of  ^  ^  ' 

and ,  the  sureties  whose   names  are  subscribed  to  the 


above  undertaking,  being  severally  duly  sworn,  each  for  himself 
says,  that  he  is  a  resident  and  householder  (or  freeholder)  within 

the  county  of aforesaid,  and  that  he  is  worth  the  sum  specified 

in  the  above  undertaking,  as  the  penalty  thereof,  over  and  above 
all  his  just  debts  and  legal  liabilities  and  property  exempt  from 
execution. 


Subscribed  and  sworn  to  before  me,  this 
day  of ,  A.  D.  18 — . 


Form  of  Certificate  of  Clerk  to  Official  Character  and  to 
Signature  of  Officer, 

State  of , 


C(junty  of  ''  "  ■ 

I, ,  clerk  of county,  State  of ,  and  ex  officio  clerk 

of  the court,  which   is  a   court  of  record,  do  hereby  certify 

that .  whose  name  is  subscribed  to  the  annexed as , 


CERTIFICATES. 


459 


was  at  the  date  of  the  same  (and  is  now)   a  in   and  for  s;dd 

county,  duly  elected  (or  commissioned)  and  qualified,  and  author- 
ized by  law  to ,  and  that  full  faith  and  credit  are  due  to  all  his 

official  acts  as  such;  and  I  do  farther  certify  that  I  am  acquainted 

with  the  handwriting  and    signature  of  the  said ,  and  that   I 

believe  the  signature    attached  to  the  annexed is  his  genuine 


signature. 


In   witness  whereof,  I  have  hereunto  set  my  hand   and  affixed 

the   seal  of  said court,  at  my   office,  in  the   county  of 

aforesaid,  this day  of ,  a.  d.  188-. 

[seal.]  ) 

Clerk. 


Form  of  Certificate  of  Approval. 

BY  OFFICER    AUTHORIZED    TO    APPROVE  OFFICIAL    BOND,  TO  BE  INDORSED 

ON    THE    BOND. 

County  of ,  ss. 

I, ,  of  said  county,  do  hereby  approve  of  the  sufficiency  of 

the  within  bond  and  of  the  sureties  thereto;  and  I   hereby  certify 

that ,  named  within,  this  day  took  and  subscribed  the  oath  of 

office  as ("indorsed  upon  his  commission"  if  a  commissioned 

officer)  in  the  words  and  figures  following,  to  wit : 

OFFICIAL    OATH    IN    NEVADA. 

State  of  Nevada,  ) 

County  of .    j 

-,  do  solemnly  swear  (or  affirm)  that  I   will  support,  pro- 


tect and  defend  the  Constitution  and  Government  of  the  United 
States  and  the  Constitution  and  Government  of  the  State  of  Ne- 
vada, against  all  enemies,  whether  domestic  or  foreign;  and  that 
1  will  bear  true  faith,  allegiance  and  loyalty  to  the  same,  any  ordi- 
nance, resolution  or  law  of  any  State  convention  or  Legislature  to 
the  contrary  notwithstanding;  and  further,  that  I  do  this  with  a 
full  determination,  pledge  and  purpose,  without  any  mental  reser- 
vation or  evasion  whatsoever;  and  I  do  further  solemnly  swear  (or 
affirm)  that  I  have  not  fought  a  duel  nor  sent  or  accepted  a  chal- 
lenge to  fight  a  duel,  nor  been  a  second  to  either  party,  nor  in  any 
manner  aided  or  assisted  in  such  duel,  nor  been  knowingly  the 
bearer  of  such  challenge  or  acceptance  since  the  adoption  of  the 
Constitution  of  the  State  of  Nevada;  and  that  I  will  not  be  so  en- 
gaged or  concerned,  directly  or  indirectly,  in  or  about  any  such 
land  during  my  continuance  in  office;  and  further,  that  I  will,  well 
and  faithfully,  perform  all  the  duties  of  the  office  of ,  on  which 


460  CRIMINAL 

I  am  about  to  enter  (if  an  oath),  "  so  help  me  God"  (if  an  affirma- 
tion), under  the  pains  and  penalties  of  perjury. 

(Signed) . 

Sworn  to  and  subscribed  before  me  this 
day  of ,  A.  D.  188—. 


OFFICIAL   OATH    IN    CALIFORNIA. 

State  of  California,       ] 

County  of  .  j 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will 
support  the  Constitution  of  the  United  States  and  the  ConstitutioB 
of  the  State  of  California,  and  that  I  will  faithfully  discharge  the 

duties  of  the  office  of to  the  best  of  my  ability. 

'(Signed) , 

Sworn  to  and  subscribed  before  me,  this 
day  of ,  A.  D.  18—. 


Form    of  Complaint    in    Cases   of  Misdemeanor    and  in 
Criminal  Actions. 

[If  in  California,  substantially  as  follows:] 

In  Justice's  Court  of Township,  in  and  for  the  County  of- 

and  State  of  California. 

The  People  of  the  State 
OF  California, 

Plaintifs, 
vs. 
John  Doe, 

Defendant. 

Personally  appeared  before  me,  this day  of ,  a.  d.  18 — , 

Richard  Roe,  of township,  in  the  county  of ,  who,   being 

first  duly  sworn,  complains  and  says:  That  one  John  Doe,  of  said 

township  and  county,  on  the day  of ,  a.  d.  18 — ,  at  said 

township,  in  the  county  of (one  overcoat  of  the  value  of 

thirty  dollars),  of  the  goods  and  chattels  of  him,  the  said  Richard 
Roe,  the  said  John  Doe  did  feloniously  take,  steal  and  carry  away; 
all  of  which  is  contrary  to  the  form  of  the  statute  in  such  case 
made  and  provided,  and  against  the  peace  and  dignity  of  the  people 
of  the  State  of  California.  Said  complainant  therefore  prays  that 
a  warrant  may  be  issued  for  the  arrest  of  said  John  Doe,  and  that 
he  may  be  dealt  with  according  to  law. 

Richard  Rok. 

Subscribed  and   sworn  to  before    me,  this 
day   of ,  A.  D.  18 — . 


Justice  of  the  Peace  in  and  for  said  county- 


COMPLAINTS.  461 

[If  in  Nevada,  the  complaint  should  be  substantially  as  follows:] 

In  Justice's  Court  of Township,  of ConDty,  and  State  of 

Nevada. 

The  State  of  Nevada, 

Plaintiff. 

V8. 

Richard  Roe, 

Defendant. 

County  of ,  ss. 

,    being  first  duly    sworn,    complains,    and   accuses 

Richard  Roe  of  (here  state  the  ofiense,  whether  a  misdemeanor  or 
crime,  which  in  this  case  we  will  suppose  to  have  been  an  "assault 
and  battery"),  committed  as  follows,  to  wit:    The  said  Richard 

Roe  did,  on  the day  of ,  a,  d.  18 — *,  at  the  town  of , 

in  said  county  of ,  with  a  club,  which  he,  the  said  Richard 

Roe,  then  'and  there  held  in  his  hands,  beat,  bruise  and  wound 
one  Mary  Roe,  the  wife  of  said  Richard  Roe,  upon  the  head, 
breast,  and  person  of  the  said  Mary  Roe,  contrary  to  the  form  of 
the  statute  and  against  the  peace  and  dignity  of  the  State  of 
Nevada. 

Wherefore  complainant  prays  tliat  a  warrant  may  be  issued 
for  the  arrest  of  the  said  Richard  Roe,  and  that  he  be  dealt  with, 
according  to  law. 

Sworn  to  and  subscribed  before  me,  this 
day  of  January,  a.  d.  18 — . 


Justice  of  the  Peace  for  said  Township. 


Plrst.  If  the  complaint  be  for  petit  larceny,  it  should  read  after 
the  *  in  the  foregoing  complaint:  "Feloniously  take,  steal,  and 
carry  away  certain  goods  ^d  chattels,  to  wit:  (here  insert  a  de- 
scription of  the  articles  taken)  of  the  value  of  (less  than  fifty  dol- 
lars)   dollars,  the  property  of ,  with  intent  to  steal,  and 

convert  the  same  to  his,  the  said own   use,  contrary  to  the 

form  of  the  statute,"  etc. 

Second.  If  the  charge  be  grand  larceny  of  goods  of  any  kind, 
the  value  of  the  property  should  be  stated  at  a  greater  sum  than 
fifty  dollars  (unless  it  be  of  amalgam  in  California;  taking  any 
amount  of  which  from  sluices,  sulphuret  machines,  rifles,  etc. , 
constitutes  "grand  larceny"). 

If  the  larceny  be  of  live-stock  the   complaint  should  read  after 
the  *  in  the  foregoing  complaint:  "Willfully  and  feloniously  steal, 
take  and  carry  away,  lead  and  drive  away  certain  chattels,  to  wit: 
[Here  describe  the  animals  so  that  they  may  be  identified.] 

Of  the  value  of dollars,  being  the  property  of ,  with  in- 
tent to  steal  the  same  and  convert  it  (or  them)  to  his  own  use,  con- 
trary to  the  form  of  the  statute,"  etc. 


462  JUSTICE. 

If  burglary  be  charged  the  complaint  should  read,  after  the  * 
(unless  it  be  a  burglary  which  could  be  committed  in  the  day- 
time):  "  In  the  night-time  to  wit:  between  the  liours  of- o'clock 

p.  M.  of  the day  of  ,  and  •  o'clock  a.  m.  of  the 

day  of ,  A.  D.  188 — ,  willfully  and  feloniously  break  and  enter 

a  certain house  of (the  rightful  occupant),  with  intent, 

then  and  there,  to  steal,  take,  and  carry  away  certain  goods  and 

chattels,  the  property  of (or  with  intent  to  commit  some  other 

crime),  contrary  to  the  form  of  the  statute,"  etc. 

If  an  assault  with  intent  to  commit  murder  be  charged,  the  com- 
plaint, after  the  *,  should  read:  "  Willfully  and  feloniously  and 
with  malice   aforethought  (shoot)   bruise  (beat)   and   wound  the 

complainant  (or  one ),  with  intent,  then  and  there,  to  kill  and 

murder  him,  the  said ,  contrary  to  the  form  of  the  statute," 

etc. 

If  murder  be  the  charge  the  complaint  should  read  substantially, 
after  the  *:  "  Feloniously  and  willfully  and  with  mal'ice  afore- 
thought, shoot  (cut,  stab,  or  whatever  means  were  used,  and  with 

a  pistol,  or  other  instrument,  which   he,  the  said ,  then  and 

there  had  in  his  hand,  etc.)  kill  and  murder  one ,   then  and 

there  being-,  with  intent,  then  and  there,  to  kill  and  murder  him, 
the  said ,  contrary  to  the  form  of  the  statute,"  etc. 


Form  of  Charging   Embezzlement  Against  an  OflBLcer  of 

a  Corporation. 

That  said  A  F,  at  (stating  place,  county,  and  State),  on  or  about 

the day  of ,  a.  d.  18 — ,  did  feloniously  embezzle,  steal, 

and  convert  to  his  own  use,  without  the  assent  of  said  corporation, 
or  of  its  trustees  (or  directors),  certain  property  of  said  corpora- 
tion, to  wit,  money,  evidences  of  debt,  and  other  property  of  said 

corporation,  of  the  value  of dollars  or  more,  with  intent  tlien 

and  there  to  embezzle,  steal,  and  convert  the  same  to  his,  the  said 
A  F's  own  use,  contrary  to  the  form  of  the  statute  and  against  the 
peace  and  dignity  of  the  State  of . 

Wherefore  complainant  demands  the  arrest  of  said  A  F,  and 
that  he  be  dealt  with  according  to  law. 


Jurat. 

The  foregoing  tecimical  words  are  substantially  required  in  crim- 
inal complaints,  but — 

If  the  committing  magistrate  be  satisfied,  upon  the  examination, 
that  a  defendant  has  committed  a  crime,  be  will  hold  him,  not- 
withstanding defects  in  the  complaint,  until  the  complaint  can  be 
amended  or  a  new  one  filed;  for  in  criminal  as  well  as  in  civil 
actions  pleadings  in  justices'  courts  are  not  held  to  such  nicety  and 
precision  of  language  as  are  pleadings  in  courts  of  record. 


CRIMINAX    FORMS.  463 

Form  of  Warrant  of  Arrest. 

In  Justice's  Court  of Township,    of County,    State 

of . 

The  State  of (be  careful   of  you7'  process)  to  any   Sheriffs 

Constable,   Marshal,    or   Policetnan  in  the  County    of , 

Greeting: 
A  complaint  upon  oath  having  been  this  day  laid  before  me  by 


■,  that  the  crime  of  grand  larceny  has  been  committed,  and  ac- 
cusing   thereof,  you  are  therefore  commanded  forthwith 

to  arrest  the  above-named  ,  and   bring  him  before  me 

forthwith,  at  my  office,  in  said  township,  in  said  county  of ,  or 

in  case  of  my  absence,  or  inability  to  act,  before  the  nearest  and 
most  accessible  magistrate  in  this  county. 

Dated  at  my  office  in  said  township  this day  of  ,  a.  d. 

18—. 


Justice  of  the  Peace  of  said  Township. 

INDORSEMENT    OV    SERVICE. 

I  hereby  certify  that  I  received   the  within  warrant  on  the 


day  of ,  A.  D.  18 — ,  and  served  the  said  warrant  by  arresting 

the  within-named  defendant  ,  and   bringing  him  into 

court  this day  of ,  18 — . 


Sheriff  of County. 

By ,   Deputy. 


COMMITMENT    OF    PRISONER. 


The  within  named ,  having  been  brought    before  me 

under  this  warrant,  is  committed  for  examination  to  the  sheriflt  of 
county. 

Dated  tliis day  of ,  1883. 


Justice  of  the  Peace  of  said  Township. 


Form  of  Comjnitm.ent  on  Being  Held  to  Ans-wer. 

In  the  Justice's  Court  of Township,  in  the  County  of , 

State  of . 

The  People  of  the  State  of ,  to  the  Sheriff  of  tfie  County  of 

An  order  having  been  this  day  made  by  me,  that be  held 

to  answer  upon  a  charge  of — 

[Here  insert  the  name  of  the  crime  charged.] 

committed   in   said    county,    on  or  about   the   day   of  

188—: 


464  JUSTICE. 

These  are  therefore  to   command  you,  the  said  sherifi,  to  take 
and  keep  the  said 

[Name  of  prisoner.] 

into  your  custody,  and  detain  until  be  legally  dis- 
charged. And  I  hereby  order  that  the  said  — be  admit- 
ted to  bail  in  the  sum  of dollars. 

Dated  this day  of ■,  18 — . 


Justice  of  the  Peace  in  a/ad  for  said  County. 


Ponn  of  Judgment  of  Fine  and  Imprisonment  by  the  Court. 

In  the  Justice's  Court  of Township,  in  the  County  of  , 

State  of  ■ — — . 

[Or  "  the  State  of,"  as  the  process  is  given  in  the  Constitution  of  the  State.] 

The  People  of  the  State 

OF  . 

Plaintiff's^ 
vs. 


Defendant. 

A  complaint  under  oath  having  been  filed  in  this  court  on  the 
day  of  ,  A.  D.  18 — ,  charging  said  defendant,  -^  of  a 


certain  public  offense,  to  wit, ,  committed  on  the day  of 

,  A.  D.  18 — ,  and  a  warrant  of  arrest  having  been  duly  issued 

on  said day  of ,  a.  d.  18 — ,  for  the  arrest  of  said  defend- 
ant, and  said  defendant having  been  duly  arrested  and  there- 
after, on  the day  of ,  a.  d.  18 — ,  tried  before  this  court 

with  (or  without)  a  jury,  and  by  the found  guilty  as  charged 

in  the  complaint;  and,  all  and  singular,  the  law  and  the  premises 
being  by  the  court  here  understood  and  fully  considered,  and  no 
sufficient  cause  appearing  to  the  court  why  judgment  should  not 

be  pronounced  against  said  defendant : 

Wherefore,  it  is  by  the  court  here  ordered  and  adjudged  that  for 

said  offense  you,  the  said ,  do  pay  a  fine  of dollars,  and 

be  imprisoned  in  the  county  jail   of  said county   until  said 

fine  shall  be  paid,  not  exceeding '■  days.     Done  in  open  court 

this day  of .  a.  n.  18 — . 


Justice  of  the  Peace. 
certificate  of  justice. 
Office  of  the  Justice  of  the  Peace, Township.  Countj^  of  — 


SB. 

I,  ,  Justice  of  tlie  Peace  of  the  county  of ,  do  hereby 


CRIMINAL    FOKMS.  465 

certify  that  the  foregoing  is  a  full,  true  and  con-ect  copy  of  the 
judginent   duly  made  and   entered  on  the  minutes  of  the   said 

justice's  court  in  the  above-entitled  action  on  the  day  of , 

A.  D.  18—.  ,     . 

Attest  my  hand,  at  the  township  of  ,  in  the  county  of y 

this day  of ,  a.  d.  18 — . 

'.   ' 
Justice  of  the  Peace  in  and  for  said  County  of . 


To  the  Shenffof County: 

Ton  are  hereby  notified  that  the  foregoing  is  a  certified  copy  of 
the  judgment  entered  in  the  minutes  of  said  court  in  the  above- 
entitled  cause,  which  is  your  warrant  for  the  execution  of  said 
judgment. 

Justice  of  the  Peace. 


Form  of  Commitment  after  Judg-ment. 

In  the  Justice's  Court  of Township,  of  the  County  of 

and  State  of . 

The  State  of  ,  ) 

vs.  > 

John  Doe.  \ 


State  of 


County  of 


ss. 


The  State  of ,  to  the  Sheriff  of  the  County  of ,  Greeting: 

Whereas,  John  Doe,  having  been  duly  convicted  in  the  justice's 

court  of township,  of  .the  county  of- ,  State  of ,  of  the 

crime  of  assault  and  battery  as  charged  in  the  complaint,  upon 
oath,  in  the  above-entitled  criminal  action,  and  by  said  court  sen- 
tenced and  adjudged,  as  a  punishment  for  said  crime,  to  pay  a  fine 
of  three  hundred  dollars,  and  in  default  of  payment  of  said  fine  to 

be  imprisoned  in  the  county  jail  of  the  county  of ,  State  of 

,  for  the  period  of  one  hundred  and  fifty  days,   or  until  said 

fine  shall  be  paid  at  the  rate  of  (two  dollars)  per  day  for  each  day 
of  such  imprisonment,  as  appears  by  the  folloAving  full,  true  and 
correct  copy  of  the  judgment  rendered  by  said  court  and  entered 
in  the  minutes  and  docket  of  said  court  in  the  above-entitled 
criminal  action. 


30 


466  JUSTICE. 

MINUTE  DOCKET. 

In  the  Justice's  Court  of Township,  County  of -,  State  of 


State  of ,  County  of ,  Court-room  of  said  Court,  ss. 

18—. 

in  open  court.    Present  presiding: ,  Justice  of  the  Peace 

of Township. 


The  State  of 
vs. 
John  Doe, 


Convicted  of  Assault  and  Battery. 

In  this  action  the  defendant  personally  appears  for  sentence. 
The  court  renders  its  judgment:  That  whereas  the  said  John  Doe 
having  been  duly  convicted  in  this  court  of  the  crime  of  assault 
and  battery,  it  is  ordered  and  adjudged,  as  a  punishment  therefor, 
that  the  said  John  Doe  pay  a  fine  of  three  hundred  dollars,  and  in 
default  of  payment  thereof  that  said  John  Doe  be  imprisoned  in 

the  county  jail  of  the  county  of ,  State  of ,  for  the  period 

of  (one  hundred  and  fifty)  days,  or  until  said  fine  shall  be  paid  at 
the  rate  of  (two  dollars)  per  day  for  each  day  of  such  imprison- 
ment; and  whereas  said  fine  has  not  been  paid,  these  are,  there- 
fore, in  the  name  of  the  State  of ,  to  command  yoa,   the  said 

sherift  of  the  county  of ,  forthwith  to  take,  arrest,  and  safely 

keep  and  imprison  the  said  John  Doe  in  the  county  jail  of  the  said 

county  of — — ,  State  of ,  for  the  period  of  (one  hundred  and 

fifty)  days,  or  until  said  fine  be  paid  or  satisfied;  and  these  presents 
shall  be  your  authority  for  the  same. 

Witness  my  hand  this day  of ,  IS — , 

Wm.  H.  Young,    ^ 
Justice  of  the  Peace  of  the  township  of ,  County  of . 


>■  ss. 


State  of , 

County  of 

I  hereby  certify  that  the  within  and  foregoing  is  a  true  copy  of 
the  judgment  entered  in  the  within  entitled  case. 

Justice  of  the  Peace,  Tmvnship  of  — — ,  County  of . 


[The  style  of  all  legal  process  in  any  State  must  he  that  prescribed  by  the  Con- 
stitution of  such  State, -whether  it  he  '* The  State  of ,"  or  "The  People  of 

the  State  of ,"  or  the  process  will  be  void.] 


Miscellaneous  Forms,  Etc. 

The  writ  of  habeas  corpus  has  for  many  generations  been  con- 
sidered one  of  the  most  efficient  safeguards  to  human  liberty,  and, 
ever  since   the  great  magna  charta  was  forced   by  a  determined 


HABEAS    CORPUS.  467 

people  from  their  unwilling  king,  has  been  jealously  guarded  by 
Englishmen,  and  by  all  people  where  the  common  law  prevails. 
Where  it  exists  no  man  can  long  be  restrained  of  his  liberty,  ex- 
cept by  due  process  of  law  and  the  judgment  of  courts  legally 
constituted. 

Form  of  Petition  for  a  Writ  of  Habeas  Corpus. 

In  the  District  Court  of  the Judicial  District  (or  in  the  Su- 
perior Court)  of  the  State  of  ,  in  and  for  the  County 

of . 

In  the  matter  of  the  application  | 
of  John  Doe  for  a  writ  of  >■ 
Habeas  Corpus.  \ 

To   the  Hon.  ,  Judge  of  the   District  (or   Superior) 

Court  of  the Judicial   District  of  the   State  of ,  in   and 

for  the  county  of  . 

The  petition  of  John  Doe  respectfully  shows:  That  your  pe- 
titioner is  unlawfully  imprisoned,  detained,  confined,  and  re- 
strained of  his  liberty  by  one ,  at --,  in  the  county  of , 

State  of ;    that  the  said  imprisonment,  detention,  confinement 

and  restraint  are  illegal,  and  that  the  illegality  thereof  eonsists  in 
this,  to  wit: 

[Here  state  the  legal  reasons  why  the  petitioner  should  not  be  confined,  or  re- 
strained of  liberty.] 

Wherefore  your  petitioner  prays  that  a  writ  of    habeas    corpus 

may  be  granted,  directed  to  the    said ,  commanding  him  to 

have  the  body  of  your  petitioner  before  Your  Honor,  at  a  time  and 
place  therein  to  be  specified,  to  do  and  receive  what  shall  then 
and  there  be  considered  by  Your  Honor  concerning  your  petitioner, 
together  with  the  time  and  cause  of  bis  detention,  and  the  said 
writ,  and  that  your  petitioner  may  be  restored  to  liberty. 

John  Doe. 
Dated , . 

VEKIPICATION   of    PETITION. 

State  of ,  "  ) 

County  of .  f 

John  I)oe,  being  duly  sworn,  says  that  he  is  the  petitioner 
named  in  the  foregoing  petition;  that  he  has  heard  the  said  pe- 
tition read  and  knows  the  contents  thereof,  and  that  the  same  is 
true  of  his  own  knowledge,  except  as  to  the  matters  which  are 
therein  stated  on  his  information  and  belief,  and  as  to  those  mat- 
ters, that  he  believes  it  to  be  true. 

John  Doe. 

Subscribed  and  sworn  to  before  me,  this 

day  of ,  A.  D.  188—. 

Notary  Public  (or  one  who  can  legally  administer  an  oath). 


468 


DITOKCE. 


Any  person  can  procure  the  issuance  of  a  writ  of  habeas  corpus 
in  behalf  of  any  other  person  who  is  illegally  restrained  of  lib- 
erty. 


DIVORCE. 

Although  marriage  is  a  civil  contract,  many  unwise  parties  to 
the  contract,  soon  after  making  it,  forget  or  neglect  the  civilities 
which  lead  them  to  form  the  alliance,  and  commit  some  act  which, 
the  laws  make  a  legal  cause  for  annulling  the  contract;  and,  as 
divorces  in  these  days  are  quite  ordinary  occurrences,  after  stating 
that  the  statutes  enumerate  many  causes  for  divorce,  among  which 
are  impotency,  adultery  unforgiven,  willful  desertion,  willful  neg- 
lect, habitual  drunkenness,  extreme  cruelty,  and  conviction  of  a 
felony;  and,  for  the  purpose  of  illustrating  to  the  non-professional 
reader  the  manner  of  proceeding  in  such  cases,  omitting  the  ser- 
vice of  summons,  etc.,  we  will  suppose  that  some  man  has  forgot- 
ten his  duty  to  his  truest  friend  and  abused  her,  and  she  brings 
her  bill  for  a  divorce 

Form  of  a  Bill  For  a  Divorce. 

In  the Court  of  the  State    of  ,  in  and  for  the  County 

of . 

Makgaret  Quaekel,  "] 

Plaintiffs  \ 

William  Quarrel, 

Defendant.  J 

Margaret  Quarrel,  the  plaintiff  in  this  action,  complains  of  Will- 
iam Quarrel,  the  defendant  above  named,  and  for  cause  of  action 
avers: 

That  plaintiff  is  now,  and  for  more  than  six  months  last  past  has 
been,  a  resident  of county,  and  State  of ; 

That  the  plaintiff  and  defendant  in  this  action  intermarried  at 

the  (town  or  city)  of ,  State  of -,  on  the day  of , 

a.  d.  18 — ,  and  cohabited  together  as  husband  and  wife  until  on 
or  about  the day  of ,  a.  d.  18 — ; 

That,  during  said  time  plaintiff"  was  a  true,  faithful,  and  loving 
wife  to  her  said  husband,  and  in  all  things  performed  toward  him 
her  marital  vows; 

Tliat,  on  divers  days  and  times  during  the  said  time,  said 
defendant  treated  this  plaintiff  with  great  and  extreme  cruelty  with- 


DIVORCE.  469 

out  any  just  cause  or  provocation  therefor  on  tlie  part  of  plain- 
tiff; 

That,  on  or  about  the day  of ,  188 — ,  said  defendant, 

without  just  cause  or  provocation  therefor,  violently  and 
rudely  pushed  plaintiff  out  of  her  bed  and  did,  then  and  there, 
beat  and  bruise  plaintiff  about  her  head  and  shoulders,  and  did, 
then  and  there, 

[Whatever  may  be  the  cause  of  action  must  be  stated  concisely.] 

falsely    and  maliciously  call    plaintiff    ' '  a  damned   and   a 

damned ,"   and   other  vile  and    opprobrious  epithets   and 

names  grievous  to  be  borne,  and  did,  then  and  there,  falsely 
and  maliciously  accuse  plaintiff  of  having  committed  divers  adul- 
teries with  divers  persons,  and  particularly  with  one ,  and  did, 

then  and  there,  greatly  and  cruelly  injure  and  wound  the  feelings 
of  plaintiff,  and  other  wrongs  and  cruelties  did  said  defendant, 
then  and  there  and  at  divers  other  times,  commit  against  plaintiff, 
to  plaintiff's  great  injury; 

And  plaintiff  avers  that  she  is  of  a  sensitive  and  affectionate 
nature  and  disposition,  and  that  she  is  unable  to  bear  the  cruelties 
above  named  and  other  cruelties  inflicted  on  her  by  said  defend- 
ant: 

[If  the  wife  has  property,  or  if  any  property  has  been  acquired  since  the  mar- 
riage, the  fact  should  be  set  out  here,  together  with  its  value ;  so  of  children,  the 
issue  of  the  marriage.] 

"Wherefore,  ]3laintiff  ]3rays  the  decree  of  the  court  that  the  bonds 
of  matrimony  heretofore  existing  between  plaintiff  and  defendant 
be  dissolved  and  forever  annulled  (that  she  be  awarded  the  property 
above  described,  if  there  be  any,  and  if  there  were  children  of  the 
marriage  it  should  be  alleged  in  the  complaint,  their  names  and 
ages  given,  and  their  custody  prayed  for  here),  and  for  costs 
against  defendant  and  for  such  other  and  general  relief  in  equity 
in  the  i^remises  as  to  the  court  may  seem  fit. 

Maegaeet  Quasrel, 
The  bill  should  be  verified.     By  A B' ■,  her  Attorney. 


Form  of  Findings  in  an  Action  for  Divorce, 

In  the Court  of  tlie  State  of ,  in  and  for  the  County  of 

Margaret  Quarrel, 

Plaintiff-^ 
vs. 
Wm.  Quarrel, 

Defendant. 

This  cause  having  been  brought  on  to  be  heard  this •  day  of 

— j — ,   188-,  the  court  hears    the  testimony    of    and  

witnesses,  offered   on   the   ])art   of  plaintiff,    and   witness, 


470  DIVORCE. 

offered  on  the  part  of  the  defendant,  whereupon,  the  evidence  on 
behalf  of  the  respective  parties  being  all  submitted,  the  court 
finds  the  following  facts,  to  wit: 

That  the  parties  to  this  action,  plaintiff  and    defendant,   are 
legally  before  the  court  by  due  process  of  law ;  that  the  plaintiff 

has   been   a   resident    of    said   county  and  of  the  State  of 

more  ^han  six  months  prior  to  the  commencement   of  this 

action ; 

That  the  plaintiff"  and  defendant  intermarried  with  each  other  on 

or  about  the day  of ,   a.  d.   18 — ,   and  have  cohabited 

together  since  that  time;  that  on  the day  of ,  a.  d.  18 — , 

and  at  divers  other  times,  the  defendant  treated  the  plaintiff  with 
great  and  extreme  cruelty,  not  being  moved  thereto  by  an  act  or 
just  cause  of  provocation  on  the  part  of  plaintiff,  and  to  the  great 
injury  of  the  plaintiff's  person  and  feelings.  The  court  further 
finds  that  there  is  no  common  property  belonging  to  the  parties  to 
this  action  (or  as  the  case  may  be). 

As  a  conclusion  of  law  from  the  foregoing  premises,  the  court 
finds  that  the  plaintiff  is  legally  entitled  to  the  decree  of  the  court, 
that  the  bonds  of  matrimcmy  heretofore  existing  between  the 
plaintiff,  Margaret  Quarrel,  and  the  defendant,  William  Quarrel, 
be  dissolved  and  forever  annulled,  and  to  judgment  against  the 
defendant  for  the  costs  of  this  action;  and  it  is  so  ordered. 


Judge  of  said Court. 


Form  of  Decree. 

In  the  Court  of  the  State  of  ,  in  and   for   the    County 

of . 

Makgaket  Quarrel,  ^ 

Plaintiff., 
vs. 
William  Quarrel, 

Defendant.  ^ 

This  cause  having  been  brought  on  to  be  heard  on  this day 

of ,  A.  D.  188-,  upon  the  complaint  herein  taken,  as  confessed 

by  the  defendant  (whose  default  for  not  answering  had  been  duly 
entered),  and  upon  the  proofs  taken  herein  before  the  court,  from 
which  it  appears  to  the  satisfaction  of  the  court  that  all  the  ma- 
terial allegations  of  the  complaint  are  sustained  by  the  testimony, 
free  from  all  legal  exceptions  as  to  its  competency,  admissibility 
and  sufficiency;  that  said  mutters,  so  alleged  and  proved,  are  suf- 
ficient in  law  to  entitle  said  plaintiff  to  the  relief  prayed  for  in  her 

complaint;  that  said  plaintiff' was  a  resident  of  this  county  of 

at  the  time  of  the  commencement  of  the  suit,  and  was  an   actual 


BONDS.  471 

resident  of  this  State  for  a  period  of  six  months  immediately  prior 
thereto;  and  it  appearing  also  to  said  court  that  said  defendant 
was  duly  served  with  process  herein,  in  accordance  with  the  re- 
quirement of  the   statute  in  sudh  cases  :  Now  on  motion  of -, 

Esq.,  of  ccnmsel  for  said  plaintiff  (and  on  filing  the  facts  found  by 
the  court  in  the  premises); 

It  is  ordered,  adjudged,  and  decreed,  and  this  court,  by  virtue 
of  the  power  and  authority  therein  vested,  and  in  pursuance  of  the 
statute  in  such  case  made  and  provided,  does  order,  adjudge,  and 
decree,  that  the  marriage  between  the  said  plaintiff,  Margaret 
Quarrel,  and  the  said  defendant,  William  Quarrel,  be  dissolved, 
and  the  same  is  hereby  dissolved  accordingly,  and  the  said  parties 
are,  and  each  of  them  is,  freed  and  absolutely  released  from  the 
bonds  (^f  matrimony  and  all  the  obligations  thereof;  and  it  is  fur- 
ther ordered  and  adjudged  by  the  court,  that  the  said  Margaret 
Quarrel  have  judgment  against  the  said  defendant,  William  Quar- 
rel, for  the  costs  of  this  suit  herein  taxed  at dollars,  and  that 

execution  issue  therefor. 


Judge  of  said Court. 


BONDS. 

The  conditions  of  any  bond  should  be  made  to  conform  to  the 
condition  of  the  particular  case  for  which  it  is  drawn,  whether  it 
be  "to  keep  the  peace  "  toward  all  persons  generally  and  toward 
some  one  person  in  particular,  or  to  do,  or  to  refrain  from  doing, 
any  act. 


Form  of  Bond. 


State  of 


County  of 


>  S8. 


Know  all  men  by  these  presents,  that  we ,  (and , 

— ),  of  the  county  of ,  and  State  of  ,  as  principal,  and 

and ,  01  the  county  of ,  and  State  of ,  as  sureties, 


are  jointly  and  severally  held  and  firmly  bound  unto ,  of 

and assigns,  in  the  sum  of— —  dollars,  to  be   paid  (in   gold 

coin)  of  the  United  States  of  America,  unto  the   said assigns 

or  legal  representatives,  which  payment  well  and  truly  to  be  made 
we  jointly  and  severally  bind  ourselves,  our  heirs,  executors,  and 
administrators,  firmly  by  these  presents. 

Sealed  with   our  seals,  and    dated  this day  of ,  a.  d. 

188-. 

The  condition  of  the  above  obligation  is  such  that,  whereas — 
[Here  set  out  the  facts  on  account  of  which  the  bond  is  given.] 


472  BONDS. 

i-Tow,  therefore,  if  the  said (the  principal)  shall  in  all  respects 

well  and  truly  perform  and  fulfill  each  and  every  his  duties  (as 
,  whatever  the  trust  or  undertaking  may  be),  then  this  obli- 
gation shall  be  void;  but  otherwise  it  shall  be  and  remain  in  full 
force  and  virtue. 

Witness  our  hand  and  seals  as  above  stated. 

.  [seal.] 

.  [seal.] 

.  [seal.] 


Signed,  sealed,  and  delivered 
in  presence  of 


If  given  by  any  public  officer,  or  in  any  legal  proceeding,  the 
sureties  should  justify  in  the  amount  for  which  they  severally  be- 
come bound. 


Form  of  Bond  of  Indemnity. 

Know  all  men  by  these  presents,  that  we, ,  as  principal,  and 

and as  sureties,  are  held  and  firmly  bound  unto 


(sherifl  of county,  or  constable  of township),  county  of 

,  and  State  of ,  in  the  sum  of dollars  (in  gold  coin), 

payment  whereof  well  and  truly  to  make,  we  bind  ourselves,  our 
heirs,  executors,  and  administrators,  jointly  and  severally,  ficmly 
by  these  presents. 

Witness  our  hands  and  seals  hereto  set,  this day  ot , 

A.  D.  188-.     The  condition  of  the  foregoing  obligation  is  such  that, 
whereas,  in  a  certain  action  at  law  lately  pending  in  the 
[Here  state  the  title  of  the  court.] 

wherein  was   plaintiff,    and   was   defendant,  the   said 

plaintiff  did  recover  judgment  against  the  said   defendant  for  the 

sum  of dollars  (in  gold  coin);  and  whereas,  the  said  plaintiff 

did.  on  the day  of ,  188-   cause  an  execution  to  issue  on 

said  judgment  in  due  form  of  law,  and  did  place  the  same  in  the 
hands  of as  (sheriff  of  said  county,  or  constable  of  said  town- 
ship)- and  whereas,  the   said  (sherifi  or  other  officer)  by  virtue  of 

said  execution,  did,  on  the day  of ,  188-,  levy  upon  and 

has  advertised  for  sale  the  following  described  goods,  chattels  and 

property,  to  wit : 

[Here  describe  the  property  claimed  by  the  third  party,  which  has  been  levied  on.] 

and  whereas, ,  of ,  claims  that  he,  and  not  the  defendant 

in  said  action,  is  the  owner  of  said  property,  goods  and  chattels; 

now   if  the  snid (the  plaintiff  in  this  action)  shall  save,  bear 

and  keep  said  (sheriff  or  constable)  as  aforesaid,  harmless  in  the 


BONDS.  473 

matter,  and  shall  well  and  truly  pay  all  damages,  costs  and  expenses 
which  said  (sheriff  or  constable)  may  incur  by  reason  of  the  sale  of 
said  property  under  and  by  virtue  of  said  execution,  notwithstand- 
ing the  said  claims  of  the  said  (name  ot  claimant)  or  of  any  other 
person  or  persons  to  the  same,  then  the  above  obligation  shall  be 
void;  but  otherwise  it  shall  be  and  remain  in  full  force  and  effect. 
Witness  our  hands  and  seals,  the  day  above  stated. 


Witnesses: 


[seal.] 
[seal.] 
[seal.] 


Form  of  Justification  of  Sureties. 

State  of , 


County  of  ^ 


and ,  sureties  on  the  above  bond,  being  duly  sworn, 

say,  each  for  himself,  and  not  one  for  the  other,  that  he  is  a  resident 

and  householder  (or  freeholder)  of  said county,  and  that  he 

is  worth  the  sum  of  (the  sum  named  in  the  bond)  dollars,  over  and 
above  his  just  debts  and  legal  liabilities  and  property  exempt  from 
execution. 


Subscribed  and  sworn  to  before  me  this 
day  of ,  A.  D.  188 — . 


Justice  of  the  Peace. 


Bond  of  Indemnity  against  Double  Payment  of  a  Lost  Note 
or  Bill  of  Exchange. 

Know  all  men  by  these  presents,  that  we,  A  B  as  principal  and 
C  D  and  E  F  as  sureties,  are  held  and  firmly  bound  unto  Gr  H,  in 

the  penal  sura  of (at  least  double  the  sum  due  on  the  lost 

instrument)  dollars,  payment  whereof  well  and  truly  to  make,  we 
do  hereby  jointly  and  severally  bind  ourselves,  our  heirs,  exec- 
utors and  administrators,  firmly  by  these  presents.  Witness  our 
hands  and  seals  hereto  affixed  this day  of ,  a.  d.  18 . 

The  condition  of  the  above  obligation  is  this:  That  whereas  the 
above  bounden  A  B  claims  to  be  the  owner  of  a  certain  (promissory 
note,  or  whatever  the  lost  instrument  may  be),  made,  executed  and 

delivered  by  (the  above  named  G  H),  to ,  on  or  about  the 

day  of  _ ,  A.  D.  18—,  in  the  sum  of dollars,  or  thereabouts, 

which  instrument  was  substantially  in  the  words  and  figures  follow- 
ing, to  wit: 

[Here  set  out  the  instrument  as  nearly  as  it  can  be  done  and  so  fully  as  to  iden- 
tiiy  It  surely.]  •' 

which  instrument  the  said  A  B  claims  has  been  accidentally  lost  or 
has  been  destroyed. 

[State  how  and  when  if  it  can  be  done.] 


474  BONDS. 

Now  if  the  said  G  H  shall  pay  to  the  said  A  B  the  said  sum  of 
dollars,  claimed  to  be  due  on  said  lost  instrument,  and  if  the 


said  A  B  shall  well  and  truly  bear  and  keep  the  said  G  H  harmless 
from  all  vexations,  suits,  costs,  damages,  judgments,  and  execu- 
tions, on  account  of  said  instrument  claimed  to  be  lost  as  aforesaid, 
then  this  obligation  shall  be  void;  but  otherwise  it  shall  be  and  re- 
main in  full  force  and  effect. 

In  witness  whereof,  we  have  hereunto  set  our  l\ands  and  seals 
the  day  and  year  in  this  instrument  first  above  written. 

• [seal.] 

[seal.] 

[seal.] 


Executor's  Bond. 

Know  all  men  by  these  presents,  that  we  (name  of  the  executor), 
as  principal,  and  (names  of  his  sureties),  as  sureties,  and  all  within 
the  Commonwealth  (or  State)  of  — —  are  holden  and  stand  firmly 

bound  and  obliged  unto ,  judge  of  the  probate   court  in  and 

for  the  county  of in  the  full  and  just  sum  of dollars,  to  be 

paid  to  said  judge  and  his  successors  in  said  ofiice;  to  the  true  pay- 
ment whereof  we  bind  ourselves  and  each  of  us,  our,  and  each  of 
our  heirs,  executors,  and  administrators,  jointly  and   severally,  by 

these  presents.     Sealed  with  our  seals.     Dated  the day  of 

in  the  year  of  our  Lord  one  thousand  eight  hundred  and 


eighty- 

The  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  (name  of  the  executor),  executor  of  the  last  will  and 
testament  of  (name  of  the  testator),  late  of  (residence  of  the  testa- 
tor), deceased,  testate,  shall, — 

Firsts  Make  and  return  to  the  probate  court  for  said  county 

of ,  within  three  months  from  his  appointment,  a  true  inventory 

of  all  the  real  estate  and  all  the  goods,  chattels,  rights  and  credits 
of  said  testator,  which  are  by  law  to  be  administered,  and  which 
shall  have  come  to  his  possession  or  knowledge: 

Second^  Administer  according  to  law  and  the  will  of  said  testator 
all  the  goods,  chattels,  rights,  and  credits,  and  the  proceeds  of  all 
the  real  estate  that  may  be  sold  for  the  payment  of  debts  or 
legacies,  whicli  shall  come  to  the  possessor  of  said  executor,  or  of 
any  other  person  for  him;  and. 

Thirds  Kender  upon  oath  a  just  and  true  account  of  his  adminis- 
tration within  one  year,  and  at  any  other  times  when  required  by 
said  court;  then  this  obligation  to  be  void;  otherwise  to  remain  in 

full  force  and  virtue. 

(Signature  of  executor.)  [seal.] 
(Signature  of  surety.)  [seal.] 
(Signature  of  surety.)        [seal.] 

Signed,  sealed,  and  delivered  in  presence  of 

88. 186 — .     Examined  and  approved. 

(Name  of  Judge.) 

Judge  of  Probate  Court. 


COMPOSITION    V.'ITH    CREDITORS.  475 

COMPOSITION  WITH  CREDITORS. 

This  is  a  contract  between  a  •lebtor  who  is  able  only  to  pay  a 
portion  ofhis  debts  with  his  creditors,  whereby  they  agree  to  accept 
a  certain  sum  less  tlian  the  original  claim;  and,  upon  the  receipt 
thereof,  not  to  prosecute  or  trouble  the  debtor  on  account  of  his 
debt. 


Form  for  Composition  with  Creditors. 

Know  all  men  by  these  presents,  that  whereas  John  Doe  is 
justly  indebted  unto  us,  John  Jones,  Henry  Smith,  and  Thomas 
Sharpe,  creditors  of  the  said  John  Doe,  in  divers  sums  of  money, 
which  he  has  become  unable  fully  to  pay  and  discharge;  therefore 
we,  the  said  creditors,  do  consent  and  agree  with  the  said  John. 
Doe  to  demand  less  than  the  full  amount  of  our  respective  claims, 
and  to  accept  often  cents  for  every  dollar  owing  to  each  of  us,  the 
said  creditor-;  of  the  said  John  Doe,  in  full  satisfaction  and  dis- 
charge of  our  several  claims  and  demands;  the  said  sum  often 
cents  on  a  dollar  to  be  paid  to  each  of  us,  our  heirs,  executors,  and 
administrators,  within  the  space  of  thirteen  months  from  the  date 
hereof.  And  we,  the  creditors  aforesaid,  do  further  severally  and 
respectively  covenant  and  agree  with  the  said  John  Doe,  that  he 
may,  within  the  said  time  of  thirteen  months  from  the  date  hereof, 
sell  and  dispose  ofhis  goods  and  chattels,  wares  and  merchandise, 
at  his  own  free  will  and  pleasure,  for  the  payment  of  the  ten  cents 
on  the  dollar  of  each  of  our  respective  debts;  and  that  neither  of 
us  will,  at  any  time  hereafter,  sue,  arrest,  or  attach  the  said  John 
Doe,  or  his  goods  and  chattels,  for  any  debt  now  due  and  owing  to 
us  or  any  of  us,  provided  the  said  John  Doe  does  well  and  truly 
pay,  or  cause  to  be  paid,  the  said  ten  cents  for  every  dollar  of  each 
of  our  several  and  respective  claims  against  him.  And  all  and 
each  of  the  covenants  and  agreements  herein  contained  shall  extend 
to  and  bind  our  several  executors,  administrators,  and  assigns 

In  witness  whereof,  etc. 


Form,  for  Bottomry  Bond. 

Know  all  men  by  these  presents,  that  I,  John  Doe,  now  master 

and  commander  of  the or  vessel  called  the ,  of  the  burden 

of  five  hundred  tons  or  thereabouts,  now  lying  at  the  port  of , 

am  held  and  firmly  bound  unto  Richard  Roe,  of  the  city  of , 

in  the  county  of ,  and  State  of ,  in  the  sum  of  two  thousanvl 

dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
Richard  Roe,  or  to  his  certain  attorney,  executors,  administrators, 
or  assigns;  for  which  payment,  well  and  and  truly  to  be  made,  I 
bind  myself,  my  heirs,  executors,  and  administrators,  and  also  the 
said  vessel,  her  tackel,  apparel,  and  furniture,   firmly  by  these 


476  BOTTOMRY   BOND. 

presents.      Sealed  with  my  seal,  at  the  city  of ,  this day 

of ,  one  thousand  eight  hundred  and  — — . 

Whereas,  the  above-bound  en  John  Doe  has  been  obliged  to  take 
up  and  borrow,  and  has  received  of  the  said  Richard  Roe,  for  the 
use  of  the  said  vessel,  and  for  the  purpose  of  fitting  the  same  for 
sea,  the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  which  sum  is  to  be  and  remain  as  a  lien  and  bottomry  on 
the  said  vessel,  her  tackle,  apparel,  and  furniture,  at  the  rate  or 
premium  of  twenty-five  per  cent,  for  the  voyage,  in  consideration 
whereof,  all  risks  of  the  seas,  rivers,  enemies,  tires,  pirates,  etc. , 
are  to  be  on  account  of  the  said  Richard  Roe .  And  for  the  better 
security  of  the  said  sum  and  premium,  the  said  master  doth,  by 
these  presents,  hypothecate  and  assign  over  to  the  said  Richard 
Roe,  his  heirs,  executors,  administrators,  and  assigns,  the  said 
vessel,    her   tackle,  apparel,    and   furniture.      And   it   is   hereby 

declared  that  the  said  vessel is  thus  hypothecated  and  assigned 

over  for  the  security  of  the  money  so  borrowed,  and  taken  up  as 
aforesaid,  and  shall  be  delivered  for  no  other  use  or  purpose  what- 
ever, until  this  bond  is  first  paid,  together  with  the  premium  hereby 
agreed  to  be  paid  thereon. 

Now,  the  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  John  Doe  shall  well  and  truly  pay,  or  cause  to  be  paid, 
unto  the  said  Richard  Roe,  his  certain  attorney,  executors,  adminis- 
trators, and  assigns,  the  just  and  full  sum  of  one  thousand  dollars, 
lawful  money  as  aforesaid,  being  the  sum  borrowed,  and  also  the 
premium  aforesaid,  at  or  before  the  expiration  of  ten  days  after 
the  arrival  of  the  said  vessel  at  the  port  of ,  then  this  obliga- 
tion, and  the  said  hypothecation,  to  be  void  and  of  no  effect,  other- 
wise to  remain  in  full  force  and  virtue.  Having  signed  and  exe- 
cuted two  bonds  of  the  same  tenor  and  date,  one  of  which  being 
accomplished,  the  other  to  be  void  and  of  no  effect. 

John  Doe.  [seal.] 
Sealed  and  delivered  in  the  presence  of 


'Note.— Bottomry  is  the  act  of  borrowing  money,  and  pledging  the  keel  or 
bottom  of  the  ship  (that  is,  the  ship  itself)  as  security  for  the  repayment  of  the 
money.  The  contract  of  bottomry  is  in  the  nature  of  mortgage— the  owner  of_a 
ship  boiTowing  money  to  enable  him  to  carry  on  a  voyage,  and  pledging  the  ship 
as  security  forlhe  money ;  but  if  the  ship  is  lost,  the  lender  loses  the  money;  if 
she  arrives  safe,  he  is  to  receive  back  the  money  lent,  with  the  interest  agreed 
upon,  although  it  may  exceed  the  legal  rate  of  interest.  The  tackle  of  the  ship  is 
also  liable  as  well  as  the  ship  itself,  and  the  borrow^er  is  likewise  personally  re 
sponsible  if  the  ship  arrive. 

Respondentia  is  where  the  money  is  borrowed  upon  goods  shipped,  instead  of 
the  ship  itself. 


CORPORATIONS. 

Private    corporations  are  formed  by  the  voluntary   association 
of  (five)  or  more  persons,  for   some    purpose   permitted   by   the 


COKPOKATIONS.  477 

statutes  of  a  State.  The  "Articles  of  Incorporation"  must  state 
the  name  of  the  corporation,  its  object,  its  purpose,  the  place  where 
its  principal  business  is  to  be  transacted,  the  number  of  its  direct- 
ors or  trustees,  and  the  names  and  residences  of  those  who  are 
appointed  for  the  first  year  (or  in  some  States  for  the  first  six 
months);  the  amount  of  its  capital  stock  and  the  number  of  shares 
into  which  it  is  divided;  and  if  there  be  a  capital  stock  the 
amount  actually  subscribed  and  by  whom.  The  articles  should  be 
signed  and  acknowledged  by  the  trustees,  and  filed  with  the  county 
clerk  of  the  county  in  which  the  business  of  the  company  is  to  be 
transacted,  and  a  (certified)  copy  thereof  filed  with  the  Secretary 
of  State,  who  will  (in  California)  issue  to  the  corporation,  over 
the  great  seal  of  the  State,  l.  certificate  that  such  articles,  contain- 
ing the  required  statement  of  facts,  have  been  filed  in  his  oflSce. 
The  incorporation  will  be  perfected  by  these  acts  so  far  as  to  make 
the  parties  a  corporate  body. 


Form  of  Articles  of  Incorporation. 


State  of 


County  of .  f 

Know  all  men  by  these  presents,  that  we  the  undersigned,  under 
and  by  virtue  of  the  provisions  of  the  statutes  of  the  State  of 

,    providing   for   the    formation  of    corporations  for  certain 

purposes,  do  hereby  certify,  agree  and  declare,  each  for  himself 
and  not  one  for  the  other,  that  we  will,  and  by  these  presents  do, 
form  ourselves  into  a  body  politic,  and  incorporate,  under  the  fol- 
lowing provisions  and  restrictions,  to  wit: 

Article  I. 

The  name  of  said  corporation  shall  be  the  (Pacific  Star  Quartz 
Mining  Company). 

Article  II. 

The  object  for  which  this  company  is  formed  is  to  mine  for  the 
precious  metals  in  quartz. 

Article  III. 

The  principal  place  of  business  of  said  company  shall  be  in  the 

town  of , county.  State  of . 

Article  TV. 

The  company  shall  continue  its  corporate  existence  for  the 
period  of  twenty-five  years,  from  and  after  the  filing  of  these  pres- 
ents in  the  oflice  of  the  Secretary  of  State  of . 


478  power  of  attorney. 

Article  V. 

The  number  of  its  directors  or  trustees  shall  be  three;  and  the 
following  named  persons  shall  constitute  the  board  of  trustees,  and 
manage  the  business  of  the  company  during  the  first  year,  to  wit: 
J.  F.  Johnson,  R.  S.  Maynard,  and  G.  K.  Hendel,  all  of  whom 
reside  in  said  town  of . 

Article  YI. 

The  amount  of  its  capital  stock  shall  be  fifty  thousand  dollars, 
subject  to  be  increased  or  diminished  according  to  law;  and  said 
stock  shall  be  divided  into  five  hundred  shares,  subject  to  be  en- 
larged or  diminished  in  proportion  with  the  capital  stock.  Of  the 
capital  stock  above  named,  each  of  the  parties  to  these  presents 
has  subscribed  for  one  hundred  shares. 

Article  YII. 

The  board  of  trustees  of  this  company  shall  meet  immediately 
after  the  filing  of  these  presents,  and  adopt  by-laws  for  the  govern- 
ment of  the  company,  and  all  necessary  and  proper  arrangements 
for  carrying  out  the  objects  herein  expressed,  and  as  to  them  may 
seem  for  the  best  interests  of  the  company. 

[seal.] 


[seal.] 

[seal.] 
[seal.] 

TSEAL.] 


State  of  , 

88. 


County  of 


-.1 


On  this  twenty-first  day  of  October,  a.  d.  1882,  before  me. 


a  notary  public  in  and  for  said county,  duly  commis- 
sioned and  sworn,  personally  appeared , , 

, ,  and ,  to  me  personally  known  to  be  the 

individuals  described  in,  and  who  executed  the  foregoing  instru- 
ment as  parties  thereto,  and  they  severally  acknowledged  to  me 
that  they  executed  the  same  freely  and  voluntarily,  and  for  the 
uses  and  purposes  therein  mentioned. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  afiixed  my 
official  seal  the  day  and  year  in  this  certificate  above  written. 


[seal.]  Notary  Public. 


Form  of  Special  Power  of  Attorney. 

Know  all  men  by  these  presents,   that of ,  county  of 

and  State  of ,  have  made,  constituted  and   appointed. 


and  by  these  presents  do  make,  constitute  and  appoint true 


POWER   OF   ATTOKNEY.  479 

and  lawful  attornej —  for  and  in name — ,  place  and 

stead,  to 

giving   and    granting    unto   ,    said    attorney — ,    full    power 

and   authority   to   do   and  perform   all  and  every  act  and  thing 
whatsoever  requisite  and  necessary  to  be  done  in  and  about  the 

premises,  as  fully  to  all  intents  and  purposes  as —  might  or 

could  do  if  personally  present,  hereby  ratifying  and  confirming  all 

that ,  said  attorney,  shall  lawfully  do  or  cause  to  be  done  by 

virtue  of  these  presents. 

In  witness  whereof,  have  hereunto  set  hand —  and 

seal —  the  day  of ,  one  thousand  eight  hundred  and 


eighty- 


Signed,  sealed  and  delivered 
in  the  presence  of 


[seal,.] 
[seal.] 


Form  of  General  Power  of  Attorney, 

Know  all  men  by  these  presents,  that ,  of ,  county  of 

and  State  of ,  have  made,  constituted  and  appointed, 


and  by  these  presents  do  make,  constitute  and  appoint true 

and  lawful  attorney —  for  and  in  name — ,  place  and 

stead,  and  for use  and  benefit,  to  ask,  demand,  sue  for, 

recover,  collect  and  receive  all  such  sums  of  money,  debts,  dues, 
account,  legacies,  bequests,  interests,  dividends,  annuities,  and 
demands  whatsoever,  as  are  now  or  shall  hereafter  become  due, 

owing,  payable,  or  belonging  to ,  and  have,  use  and  take  all 

lawful  ways  and  means  in  name —  or  otherwise  for  the  re- 
covery thereof,  by  attachments,  arrests,  distress  or  otherwise,  and 
to  compromise  and  agree  for  the  same,  and  acquittances  or  other 

sufiicient  discharges  for  the  same,  for ,  and  in  name — , 

to  make,  seal  and  deliver;  to  bargain,  contract,  agree  for,  purchase, 
receive  and  take  lands,  tenements,  hereditaments,  and  accept  the 
seisin  and  possession  of  all  lands,  and  all  deeds  and  other  assur- 
ances in  the  law  therefor;  and  to  lease,  let,  demise,  bargain,  sell, 
remise,  release,  convey,  mortgage  and  hypothecate  lands,  tene- 
ments and  hereditaments  upon  such  terms  and  conditions,   and 

under  such  covenants  as shall  think  fit.      Also,   to  bargain 

and  agree  for,  buy,  sell,  mortgage,  hypothecate,  and  in  any  and 
every  way  and  manner  deal  in  and  with  goods,  wares  and  mer- 
chandise, choses  in  action,  and  other  property  in  possession  or  in 
action,  and  to  make,  do  and  transact  all  and  ever}'  kind  of  business 

of  what  nature  and  kind  soever,  and  also  for  and  in 

name — ,  and  as act  and  deed,  to  sign,  seal,  execute,  deliver 

and  acknowledge  such  deeds,  covenants,  indentures,  agreements, 
mortgages,  hypothecations,  bottomries,  charter-parties,  bills  of 
lading,  bills,  bonds,  notes,  receipts,  evidences  of  debt,   releases 


480  PKOTESTS. 

and  satisfaction  of  mortgage,  judgment  ana  other  debts,  and  such 
other  instruments  in  writing  of  whatever  kind  and  nature  as  may 
be  necessary  or  proper  in  the  premises. 

Giving  and  granting  unto ,  said  attorney — ,  full  power  ana 

authority  to  do  and  perform  all  and  every  act  and  thing  whatsoever 
requisite  and  necessary  to  be  done  in  and  about  the  premises,  as 
fully  to  all  intents  and  purposes  as might  or  could  do  if  per- 
sonally present;  hereby  ratifying  and  confirming  all  that said 

attorney —  shall  lawfully  do  or  cause  to  be  done  by  virtue  of  these 
presents. 

In  witness  whereof,  have   hereunto  set hand —  and 

seal —  the day  of ,  one  thousand  eight  hundred  and . 

.     [seal.] 

I .     [seal.] 

.     [seal.] 


Signed,  sealed  and  delivered  in  the 
presence  of 


Form  of  Protest. 


United  States  of  America, State  oi ,  County  of ,ss. 

By  this  public  instrument  of  protest,  be  it  known,  that  on  this 
day  of ,  in  the  year  of  our  Lord  one  thousand  eight  hun- 


dred and ,   at  the  request  of ,  who holder  of  the 

original ,  whereof  a  true  copy  is  hereinafter  written,  I, 

a  notary  public  in  and  for  said  county  of ,  aforesaid,  re- 
siding therein,  duly  commissioned  and  sworn,  did  this  day  pre- 
sent the  annexed to and  demand  payment  thereof,  which 

was  not  made. 

Whereupon  I,  the  said  notary,  at  the  request  aforesaid,  did  pro- 
test, and  by  these  presents  do  publicly  and  solemnly  protest,  as 

well  against  the  drawer  or  maker  of  the  said as  against  all 

others  whom  it  doth  or  may  concern,  for  all  exchange  or  re-ex- 
change, damages,  costs,  charges,  and  interests,  suffered  or  to  be 
suffered,  for  want  of of  the  said . 

Thus  done  and  protested  in  - — ,  county  of ,  on  the  day  and 

year  aforesaid. 

In  testimony  whereof  I  grant  these  presents  under  my  signature, 

and  the  impress  of  my  seal  of  office,  in county  of ,  on  the 

day  and  year  first  above  written. 

Notary  Public. 

[Here  insert  a  copy  of  the  note  or  bill  of  exchange  protested.] 

I,  the  undersigned,  notary,  do  hereby  certify,  that  the  parties  to 
the ,  whereof  a  true  copy  is  hereinbefore  written,  have  been 


NOTAKIAL    FORMS.  iSl 

duly  notified  of  the  protest  thereof,  b}'^  letters  to  them  by  me 
written  and  addressed,  dated  on  the  day  of  the  said  protest,  and 
served  on  them  respectively,  in  the  manner  following,  viz.: 

[Here  explain  how  the  parties  were  notified  of  the  protest,  whether  in  person, 
by  mail,  express,  or  otherwise.] 

In  faith  whereof  I  have  hereunto  signed  my  name  and  affixed 

my  official  seal  this day  of ,  one  tliousand  eight  hundred 

and . 


Notary  Public 


Form  of  Notice  of  Protest. 

United  States  of  America.     [Place  and  date.]     188 — . 

Sir  :  Please  take  notice  that  a  certain ,  dated ,  a.  d, , 

for  the  sum  of dollars,  payable ,  drawn  by -,  in  favor 

of ,  was  this  day  presented  by  me  to at ,  and 

thereof  demanded,  which  was  refused,  and  the  said  having 

been  dishonored,  the  same  was  this  day  protested  by  me  for  the 

non thereof,  and  the  holder —  look — to  you  for  the  payment 

thereof,  together  with  all  costs,  charges,  interest,  expenses  and 
damages  already  accrued,  or  that  may  hereafter  accrue  thereon  by 

reason  of  the  non of  said . 

Very  respectfully  yours,  etc.. 


Notary  Public. 


Form,  of  AfB.davit  for  Examination  of  Judgment  Debtor, 
Supplemental  to  Return  of  Execution  Unsatisfied. 

In  the Court  of  the District  of  the    State  of ,  in 

and  for  the  County   of . 

1 


Plaintiffs 
vs. 


Defendant.  J 
State  of ,  County  of ,  ss. 

, being  duly  sworn,  says  that  (he  is  the  attorney  for  the 

plaintiff  in  the  above-entitled  action);  that  the  said  plaintiff,  on  or 

about  the day  of ,  a.  d,  18 — ,  recovered  a  judgment  in 

said  action  in  the   court  of  the district  of  the  State  of 

,  in  and  for  the  county  of ,  against  the  defendant  in   said 

31 


482  LEGAL   FORMS. 

action,  for  seven  hundred  and  ninetj-one  dollars  or  thereabouts, 
for  damages  and  costs,  which  judgment  was  dul^y  entered  and  dock- 
eted in  the  office  of  the  clerk  of  said  court,  in   the  said  county  of 

,  being  the  county  where  said  defendant  then  resided  and  in 

which  the  judgment-roll  in  said  action  is  filed,  to  be  executed 
according  to  law;  and  that  an  execution  issued  by  vii'tue  of  said 
judgment  was  placed  in  the  hands  of  the  sherifl  of  said  county  and 
has  been  returned  unsatisfied;  that  the  said  judgment  still  remains 
in  full  force  and  effect  and  is  wholly  unsatisfied,  and  not  reversed, 
vacated,  or  set  aside. 

That,  as  affiant  is  informed  and  verily  believes,  the  said  defend- 
ant now  resides  in county  and  has  property,  which  he  unjustly 

refuses  to  apply  toward  the  payment  or  satisfaction  of  said  judg- 
ment, and  that  he  endeavors  to  conceal  the  same. 

Wherefore,    affiant  prays  the   order  of  this   honorable    court, 

directed  to  the  said ,  and  requiring  him   to   appear  before  the 

court  at ,  on  the day  of ,  a.  d. ,  and  answer  be- 
fore the  court   concerning  his  said  concealed  property. 

Subscribed  and  sworn  to  before  me,  this 

day  of ,  188-. 

,  Clerk, 

By Deputy  Gl&rk, 

(cr  Justice  of  the  Peace). 


B'orm  of  Order  of  Court  to  Appear  Before  Him    Supple- 
mental to  Process  of  Execution  Unsatisfied. 

State  of  ,  ,  „^ 

DO. 


County    of 


-.1 


On  reading  the  foregoing  affidavit  and  it  satisfactorily  appear- 
ing to  me  therefrom  that ,  the  defendant —  in  the  above-entitled 

action,  ha — property  which  — — unjustly  refuse — to  apply  toward 
the  satisfaction  of  the  judgment  in  said  action,  and  that  it  is  a 
proper  case  for   this   order,   and   on  application  of  the  plaintiff 's 

attorney — I,  the  undersigned,  — —  of  the  said of  the of 

the  State  of ,  do  hereby  order,  and  require  the  said  defend- 
ant—  personally  to  be   and  appear  before ,  at ,  in 

,  in  the  county  of ,  on  the day  of ,  a.  d.  18-,   at 

o'clock  in  the  ; noon  of  that  day,  to  answer  concerning 

property;  and  that  a  copy  of  said  affidavit  and  of  this  order 

be  previously  served  upon  said  defendant. 

I)ated  this day  of ,  a.  d.  188-. 


District  Judge  {or  Justice  of  the  Peace'). 


LEGAL    FORMS.  483 

Form  of  Sheriff's  Certificate    of  Sale  of  Real  Estate  on 

Execution. 

In  the Court  in  and  for  the  County  of ,    State  of . 


Plaintiffs  I 


vs. 


Defendant,  j 

I, ,  sheriff  ot  the  county  of ,  do  hereby  certify  tliat,  by 

virtue  of  an  execution  in  the  above-entitled  action,  tested  the 

day  of ,  A.  D.  188-,  by   which   I  was  commanded  to  make 

the  amount  of dollars of  the  United  States,  to  satisfy 

the  judgment  in  said  action,  with  costs  and  interests  thereon,  out 

of  the  personal  property  of -,  the  defendant-  in  said  action, 

and  if  sufficient  personal  property  could  not  be  found,  then,   out 

of  the  real  property  belonging  to  the  said  defendant-  on  the  

day  of  ,  A.  D,  18 — ,  or  at  any  time  thereafter,  as  by  the  said 

writ,  reference   being  thereunto  had,  more  fully  appears;  I  have 
levied  on,  and   this  day  sold  at  public  auction,  according  to  the 

statute  in  such  cases  made  and  provided,  to ,  who  was   the 

highest  bidder,  therefor  for  the   sum  of dollars of  the 

United  States,  which   was  the  whole  price   paid  by  him  for  the 
same,  the  real  estate  particularly  described  as  follows,  to  wit: 
[Here  insert  a  description  of  the  property  sold.] 

That  the  price  of  each  distinct  lot  and  parcel  was  as  follows 
(here  state  each  parcel  sold  and  the  amount  paid  for  each),  and 
that  the  said  real  estate  is  subject  to  redemption  in  (state  kind  of 
money)  of  the  United  States,  pursuant  to  the  statute  in  such  cases 
made  and  provided. 

Given  under  my  hand,  this day  of ,  a.  d.  18 — . 

Sheriff., 


By ,  Deputy  Sheriff. 


Form  of  Certificate  of  Sale  on  Foreclosure. 

I, ,  sheriff  of  the  county  of ,  State  of  ,  do  hereby 

certify  that,  under  and  by  virtue  of  an  order  of  sale  issued  out 

of  the court  of  the Judicial  District  of  the  said  State, 

in  and  for  the county  of ,  in  the  action  of against 

,  rendered  on  the . day  of ,  18 — ,  and  entered  on  the 

day  of ,  18—,  duly  attested  the day  of ,  18 — , 

and  to  me,  as  such  sheriff*,  duly  directed  and  delivered,  whereby 
I  was  commanded  to  sell  the  property  hereinafter  described,  ac- 
cording to  law,  and  to  apply  the  proceeds  of  such  sale  toward  the 
satisfaction  of  the  judgment  in    said   action,    amounting  to  the 


4:84:  CRIMINAL   DEFINITIONS 

sum  of dollars,  with  interest  and  costs  of  suit,  I  duly  levied 

on,  and  on  the  day  of ,  18 — ,  at o'clock  —  m.,  at 

the  court-house  door,  in  the  town  of ,  in  the  said ,  county 

of ,  I  duly  sold  at  public  auction,  according  to  law,  and  after 

due  and  legal  notice,  to ,  who  made  the  highest  and  best  bid 

therefor  at  such  sale,  for  the  sum  of dollars,  which  was  the 

whole  sum  paid  by ,  the  real  estate  in  said  order  of  sale,  lying 

and  being  in  said ,  county  of  ,  State  of  ,  and  de- 
scribed as  follows,  to  wit: 

[Here  insert  a  description  of  the  estate  sold.] 

and  I  do  hereby  further  certify  that  the  said  property  was  sold 
in lot —  or  parcel — ,  and  that  the  sum  of was  the  high- 
est bid  made,  and  the  whole  price  paid  therefor,  and  that  the  same 
is  subject  to  redemption  in  (state  the  kind  of  money  named  in  the 
order  of  sale),  pursuant  to  the  statute  in  such  case  made  and  pro- 
vided. 

Given  under  my  hand,  this day  of ,  18 — . 

,  Sherif, 

By ,  Deputy  Sherif. 


DEFINITIONS  AND  FUETHER  FORMS  IN  CRIMINAX. 

LAW. 

Assaiilt. 

An  assault  is  an  unlawful  attempt  coupled  with  a  present  ability 
to, commit  a  violent  injury  on  the  person  of  another. 

Punishment — fine  not  exceeding  % and  imprisonment. 

The  intent  constitutes  the  gist  of  any  criminal  offense. 

"Where,  on  a  trial  for  an  assault  to  commit  murder,  the  court 
instructed  the  jury  to  convict,  if  they  found  that  the  defendant 
made  the  assault  with  a  deadly  weapon  upon  the  person  named, 
about  the  time  charged,  and  in  such  a  tnanner  that  the  offense 
would  have  been  murder  in  the  second  degree,  had  the  assault 

resulted  in   death,  held   unobjectionable. — State  vs.   Keithj 

9th  Nev.  15. 


Assault  with  Intent  to  Kill. 

INDICTMENT. 

In  the Court  of  the Judicial  District  of  the  State  of  ■ 

in  and  for  the  County  of . 


and  foems.  485 

The  State  of *, 


Plaintiff 
vs. 


r,] 


Defendant. 

The  defendant ,  above  named,  is  accused  by  the  grand  jury 

of  the  county  of ,  by  this  indictment,  of  the  crime   of  an 

assault  with  intent  to  kill,  committed  as  follows,  to  wit :    That  on 

the day  of ,  a.  d.  18 — ,  or  thereabouts,  and  before  the 

finding  of  this  indictment  at  the  county  of ,  and  State  of , 

without  authority  of  law,  and  with  malice  aforethought,  with  a 
deadly  weapon,   to  wit,    with   a  knife,  did  make   an    assault   in 

and  upon  the  person  of  one ,  with  intent  then  and  there  to 

kill  him,  the  said ,  contrary  to  the  form  of  the  statute  and 

against  the  peace  and  dignity  of  the  State  of . 

District  Attorney. 
JThe  above  form  of  indictment  was  sustained  by  the  supreme 
court  of  Nevada,  at  the  November  term,  1876. 
The  following  is  the  better  form. 


Indictment,  full  Form,  under  Code. 

In  the  District  Court  of  the Judicial  District,  — 

State  of  ,  County  of: 


The  State  of 
vs. 


At  a  term  begun  and   holden  in  county,   on  the   

Monday  of ,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy-seven,  and  continuing  in  session,  at  the  time  of 
finding  this  indictment.  Present,  the  Honorable ,  pre- 
siding. 

is  accused  by  the  grand  jury  of  the  county  of- ,  by 

this  indictment,  of  the  crime  of  an  assault  with  intent  to  kill,  com- 
mitted as  follows,  to  wit:  That  he,  the  said ,  on  or  about 

the day  of ,  a.  d.  188—,  and  before  the  finding  of  this  in- 
dictment, at  the  county  of ,   and  State  of ,  with  a  deadly 

weapon,  to  wit,  a  pistol  loaded  with  gun-powder  and  leaden  bullets 
and  capped  with  percussion  caps,  did  make  an  assault  upon  the 

person  of  one  • ,  with  said  pistol,  with  intent  then  and 

there  to  kill  the  said ,  contrary  to  the  form  of  the  statute 

in  such  case  made  and  provided,  and  against  the  peace  and  dignity 
of  the  State  of . 


District  Attoriiey, County,  State  of . 


*The  style  of  the  process  must  be  that  prescribed  by  the  Constitution  of  the 
State  or  by  the  organic  act  of  theTerritory. 


486  CRIMINAL    LAW 

Burglary. 

Burglary,  at  common-law,  is  the  felonious  breaking  and  entering 
a  dwelling-house  in  the  night  time,  with  intent  to  commit  a  felony; 
but  by  the  statutes  of  many  States  the  rule  is  enlarged,  and  burglary 
is,  under  such  statutes,  the  felonious  breaking  and  entering  any 
building,  at  any  time,  with  intent  to  commit  either  a  felony  or  a 
misdemeanor. 

A  felony  is  a  crime  made  punishable  by  statute,  either  by  for- 
feiture of  the  life  of  the  criminal,  or  by  imprisonment  in  the  State's 
prison. 

A  misdemeanor  is  a  crime  made  punishable  by  imprisonment  in 
the  county  jail,  or  by  both  fine  and  such  imprisonment,  or  by  fine 
only.  For  instance,  an  assault  with  intent  to  kill,  grand  larceny, 
rape,  robbery  and  murder  are  felonies,  while  simple  assaults,  petit 
larceny,  etc. ,  are  misdemeanors.  The  nature  of  the  crimes  may  be  of 
similar  character,  but  they  difter  in  degrees  of  turpitude  by  force  of 
statutes. 

The  intention  of  the  person  who  commits  an  act,  at  the  time  of 
its  commission,  determines  the  guilt  or  innocence  of  the  party  who 
commits  it 


Murder. 

Murder  is  the  unlawful  killing  of  a  human  being,  with  malice 
aforethought,  either  express  or  implied. 

Blackstone  says,  ' '  Murder  is  when  a  person  of  sound  memory 
and  discretion  unlawfully  killeth  any  reasonable  creature  in  being, 
and  under  the  king's  peace ,  with  malice  aforethought,  eitlier  ex- 
press or  implied." — Blackstone^  Vol.  4,  p.  195. 

See  Christian's  note  to  page  201  'ibid^  killing  ghost. 

Express  malice  is  that  deliberate  intention  unlawfully  to  take 
away  the  life  of  a  fellow  creature  which  is  manifested  by  external 
circumstances  capable  of  proof. 

Malice  is  implied  when  no  considerable  provocation  appears,  or 
when  all  the  circumstances  of  the  killing  show  an  ahandoned  and 
malignant  heart. 

A  person  on  trial  for  murder  can  not  avail  himself  of  threats 
or  menaces  previously  made  against  him  by  deceased,  unless 
he  at  the  time  of  the  killing  was  actually  assailed,  or  had  suf- 
ficient evidence  to  convince  a  reasonable  person    that  he  was  in 


AMD    FORMS.  487 

danger  of  incurring  bodily  injury,  or  of  losing  his  life  at  the  hands 
of  deceased. 

In  a  murder  case  where  it  app.eared  that  threats  to  kill  had  been 
made  by  deceased  against  defendant  some  time  before  the  homi- 
cide, but  that  the  fatal  meeting  with  deceased  had  been  sought  by 
defendant  for  the  avowed  purpose  of  killing  him,  the  court  in- 
.structed  the  jury  that  ''''all  antecedent  threats  are  dependent  upon  the 
facts  at  the  time  of  the  hilling^  and,  in  order  to  justify  the  hilling^ 
it  must  appear  that  at  the  time  of  the  homicide  there  was  some 
action  which  would  induce  a  reasoncihle  m/in  to  believe  that  he  was 
in  danger  of  losing  his  life^'"'  held  no  error. — State  vs.  Sail,  9th 
Nev.  58;    Wharton  C.  Z.,  §  1026,  Vol.  ± 

In  a  murder  case  where  the  defense  is  justification  on  account 
of  irresistible  fear  or  passion  caused  by  acts  of  deceased,  and 
without  time  to  cool,  the  question  for  the  jury  to  consider  is, 
whether  there  loas  time  for  a  reasonable  man  to  cool  his  passion  or 
quiet  his  fears,  not  whether  the  one  vms  cool  or  quieted. — State  vs. 
Mall,  9th  Nev.  58. 

The  view  expressed  in  the  above  instruction,  which  was  sus- 
tained in  the  Supreme  Court  of  Nevada,  seems  to  be  in  conflict, 
somewhat,  with  129  of  Wharton  &  Stiles,  Medical  Jurispru- 
dence.—  Wharton  c&  Stiles,  Vol.  1,  §  129. 

If  insanity  be  pleaded  as  a  defense,  it  must  be  shown  that  the 
hilling  teas  the  result  of  the  delusion  itself  The  immediate  prod- 
uct of  the  delusion. —  Wharton  c&  Stiles,  Vol.  1,  §  145. 

"In  every  charge  of  murder,  the  fact  of  the  killing  being  first 
proved,  all  the  circumstances  of  accident,  necessity  or  infirmity 
are  to  be  satisfactorily  pr<jved  by  the  prisoner,  unless  they  arise 
out  of  the  evidence  produced  against  him;  for  the  law  presumeth 
the  fact  to  have  been  founded  on  malice,  until  the  contrary  appear- 
eth,  and»very  right  it  is  that  the  law  should  so  presume.  The  de- 
fendant in  this  instance  stands  upon  just  the  same  ground  that 
every  other  defendant  doth;  the  matters  tending  to  justify,  excuse,' 
or  alleviate,  must  appear  in  evidence  before  he  can  avail  himself 
of  theTn^ — Foster'' s  Crown  Law,  255;  Commonwealth  vs.  York; 
Leading  C.  Cases,  339. 

It  is  the  guilt  of  the  'prisoner,  the  fact  of  hilling  which  is  to  be 
proved  to  the  satisfaction  of  the  jury,  and  beyond  a  reasonable 
doubt.  The  prisoner  must  show  extenuating  circumstances  if  there 
be  any.     Ibid. 


488  CHIMIN AL  LAW  AND  FORMS. 

Manslaughter. 

Manslaughter  is  the  unlawful  killing  ol  a  human  being,  without 
malice,  express  or  implied,  and  without  any  mixture  of  delibera- 
tion. 

It  must  be  voluntary,  upon  a  sudden  heat  of  passion,  caused  by 
a  provocation,  apparently  sufficient  to  make  the  passion  irresist- 
ible; or  involuntary,  in  the  commission  of  an  unlawful  act,  without 
due  caution  or  circumspection. 


Larceny. 

Larceny  is  the  felonious  taking,  stealing  and  carrying  away  of 
the  personal  goods  of  another. — 4  Blackstone^  p.  229. 

Larceny  is  also  the  felonious  taking  and  carrying  away,  leading 
or  driving  away,  the  personal  property  of  another. 

The  mere  fact  of  the  possession  of  stolen  property  is  not  of  itself 
sufficient  to  authorize  a  conviction;  but  when  property  recently 
stolen  is  iu  the  possession  of  a  person  accused  of  the  theft,  the 
accused  is  bound  to  explain  the  possession  in  order  to  remove  its 
effect  as  a  circumstance  indicative  of  guilt. 

It  is  admissible  for  the  prosecution  to  show,  as  a  circumstance 
indicative  of  guilt,  that  the  accused  has  made  different  state- 
ments concerning  the  manner  in  which  the  possession  was  ac- 
quired.—10  Nev.  277. 

Form  of  Indictments  for  Murder. 

In  the  case  of  the  State  vs.  Rufus  B.  Anderson^  the  supreme 
court  sustained  the  following  form  of  indictment,  to-wit: 

TITLE. 

Defendant  Rufus  B.  Anderson,  above  named,  is  accused  by  the 
grand  jury  of  the  county  of  Lander,  State  of  Nevada,  by  this  in- 
dictment of  the  crime  of  murder,  committed  as  follows: 

The  said  Rufus  B.  Anderson,  on  the  fifth  day  of  May,  a.  d.  1868, 
or  thereabouts,  at  the  city  of  Austin,  county  of  Lander,  State  of 
Nevada,  without  authority  of  law,  and  with  malice  aforethought, 
killed  Noble  T.  Slocum,  by  shooting  him  with  a  pistol,  contrary 
to  the  form  of  the  statute  in  such  cases  made  and  provided,  and 
against  the  ])eace  and  dignity  of  the  State  of  Nevada. — State  vs. 
Anderson,  4  Nov.  273,  C.  L.  489. 

The  ffjllowiiiy;  would  be  a  better  form:        * 


EIGHTS    OF    HOTEL    KEEPERS.  489 


TITLE. 


The  said  Rufus  B.  Anderson,  on  the  fifth  of  May,  1868,  orthere-^ 
abonts,  and  before  the  finding  of  this  indictment,  at  the  city  of 
Austin,  in  the  county  of  Lander,  State  of  Nevada,  without  authority 
of  law  and  with  malice  aforethought,  did  shoot,  kill  and  murder 
one  Noble  T.  Slocum,  with  a  pistol  loaded  with  powder  and  leaden 
bullets  and  capped  with  percussion  caps,  with  intent,  then  and 
there,  to  kill  and  murder  him,  the  said  Noble  T  Slocum,  contrary 
to  the  form  of  the  statute,  and  against  the  peace  and  dignity  of 
the  State  of  Nevada. 

,  Dist.  Atty. 


Accomplice. 

The  information  of  a  dead  accomplice  may  be  read  against  a 
prisoner. — The  King  vs.   Westbee/\  1st  Leading  C.  C,  p.  543. 


Arrest. 


A  private  person  is  not  justified  in  arresting  or  giving  in  charge 
of  a  policeman,  without  a  warrant,  a  party  who  has  been  engaged 
in  an  affray,  unless  the  affray  is  still  continuing,  or  there  is  reason- 
able ground  for  apprehending  that  he  intends  to  renew  it;  but  a 
private  person  may  arrest  any  one  whom  he  sees  committing  a 
criminal  offense. 


RIGHTS  AND  LIABELITIES  OF  HOTEL.  KEEPERS. 

■  The  following  is  the  law  to  regulate  the  liabilities  of  hotel- 
keepers  under  the  Civil  Code  of  California: 

Sec.  1860.  If  any  inn-keeper  keeps  a  fire-proof  safe,  and  gives 
notice  to  a  guest,  either  personally,  or  by  putting  up  a  printed 
notice  in  a  prominent  place  in  the  room  occupied  by  the  guest, 
that  he  keeps  such  a  safe,  and  will  not  be  liable  for  money, 
jewelry,  documents,  or  other  articles  of  unusual  value  and  small 
compass,  unless  placed  therein,  he  is  not  liable,  except  so  far  as 
his  own  acts  contribute  thereto,  for  any  loss  of  or  injury  to  such 
articles  if  not  deposited  witli  him,  and  not  required  by  the  guest 
for  present  use. 

Sec.  1861.  Hotel,  inn,  boarding-house  and  lodging-house  keep- 
ers shall  have  a  lien  upon  the  baggage  and  other  property  of  value 


490  RIGHTS   OF    HOTEL   KEEPERS. 

of  tlieir  guests,  or  boarders,  or  lodgers  brought  into  sujh  hotel, 
inn,  or  boarding  or  lodging  house,  by  such  guests  or  boarders,  or 
lodgers,  for  the  proper  charges  due  from  such  guests  or  boarders 
or  lodgers,  for  their  accommodation,  board  and  lodging,  and  room- 
rent,  and  such  extras  as  are  furnished  at  their  request,  with  the 
right  to  the  possession  of  such  baggage,  or  other  property  of 
value,  until  all  such  charges  are  paid. 

Sec.  1862.  Whenever  any  trunk,  carpet-bag,  valise,  box,  bundle, 
or  other  baggage  has  heretofore  come,  or  shall  hereafter  come, 
into  the  possession  of  the  keeper  of  any  hotel,  inn,  boarding  or 
lodging  house  as  such,  and  has  remained  or  shall  remain  unclaimed 
for  the  period  of  six  months,  such  keeper  may  pro9eed  to  sell  the 
same  at  public  auction,  and  out  of  the  proceeds  of  such  sale  may 
retain  the  charges  for  storage,  if  any,  and  the  expense  of  adver- 
tising and  sale  thereof;  but  no  such  sale  shall  be  made  until  the 
expiration  of  four  weeks  from  the  first  publication  of  notice  of 
such  sale  in  a  newspaper  published  in  or  nearest  the  city,  town, 
village,  or  place  in  which  said  hotel,  inn,  boarding  or  lodging 
house  is  situated.  Said  notice  shall  be  published  once  a  week,  for 
four  successive  weeks,  in  some  newspaper,  daily  or  weekly,  of 
general  circulation,  and  shall  contain  a  description  of  each  trunk, 
carpet-bag,  valise,  box,  bundle  or  other  baggage,  as  near  as  may 
be — the  name  of  the  owner,  if  known,  the  name  of  said  keeper 
and  the  time  and  place  of  sale — and  the  expenses  incurred  for 
advertising  shall  be  a  lien  upon  such  trunk,  carpet-bag,  valise,  box, 
bundle,  or  other  baggage,  in  a  ratable  proportion  according  to  the 
value  of  such  piece  of  property  or  thing,  or  article  sold;  and  in 
case  any  balance  arising  from  such  sale  shall  not  be  claimed  by  the 
rightful  owner  within  one  week  from  the  day  of  said  sale,  the  same 
shall  be  paid  into  the  treasury  of  the  county  in  which  such  sale 
took  place,  and  if  the  same  be  not  claimed  by  the  owner  thereof, 
or  his  legal  representatives,  within  one  year  thereafter,  the  same 
shall  be  paid  into  the  general  fund  of  said  county. 

Sec.  1863.  Every  keeper  of  a  hotel,  inn,  boarding  or  lodging 
house  shall  post,  in  a  conspic  uous  place  in  the  office  or  public 
room,  and  in  every  bed-room  of  said  hotel,  boarding-house,  inn, 
or  lodging-house,  *a  printed  copy  of  this  section,  and  a  statement 
of  charges,  or  rate  of  charges,  by  the  day,  and  for  meals  or  items 
furnished,  and  for  lodging.  No  charge  or  sum  shall  be  collected 
or  received  by  any  such  person  for  any  service  not  actually  ren- 
dered, or  for  any  item  not  actually  delivered,  or  for  any  greater  or 


MARRIAGE.  491 

other  sum  than  he  is  entitled  to  by  the  general  rules  and  regula- 
tions of  said  hotel,  inn,  boarding  or  lodging  house.  For  any 
violation  of  this  or  any  provision  herein  contained,  the  oflender 
shall  forfeit  to  the  injured  party  three  times  the  amount  of  the  sum 
charged,  in  excess  of  what  he  is  entitled  to. 

Laws  substantially  like  the  foregoing  exist  in  most  of  the  States 
and  Territories  of  the  Union. 


MARRIAGB. 

Marriage  is  a  civil,  contract  entered  into  by  persons  capable  of 
consenting  thereto. 

It  can  not  be  entered  into  by  idiots  or  lunatics.  When  procured 
by  force  or  fraud,  it  is  also  void.  Marriage  is  likewise  prohibited 
between  near  relations. 

The  parties  must  be  of  the  age  of  consent,  which  is  generally 
fourteen  in  males  and  twelve  in  females. 

No  peculiar  ceremonies  are  requisite  to  the  valid  celebration  of 
the  marriage  rite,  but  it  is  advisable  that  the  contract  should  be 
entered  into  in  the  presence  of  some  clergyman  or  civil  magis- 
trate. In  all  cases  be  sure  to  take  a  certificate  of  the  marriage;  it 
is  of  much  importance  to  have  that  certificate  in  case  of  neces- 
sity. 

The  officer,  or  person  officiating,  having  learned  that  the  couple 
about  to  be  married  are  in  possession  of  the  license  required  by 
law,  upon  their  presenting  themselves  before  him,  directs  the  con- 
tracting parties  to  take  each  other  by  the  right  hand  (the  lady 
standing  at  the  gentleman's  left  side),  when  he  will  proceed  sub- 
stantially after  the  following: 


form. 

Do  you,  sir  (to  the  man),  promise  to  take  the  woman  whom  you 
now  hold  by  the  right  hand  to  be  your  lawful  and  wedded  wife  ? 
Do  you  promise  to  love  her,  to  comfort  her,  honor  and  keep  her, 
in  sickness  and  in  health,  and,  forsaking  all  others,  to  cleave  to 
her  alone  so  long  as  you  both  shall  live? 

Answer.     I  do. 

And  do  you  (to  the  woman)  take  the  man  whom  you  now  hold 
by  the  right  hand  to  be  your  lawful  and  wedded  husband  ?  Do 
you  promise  to  love  him,  to  comfort,  honor  and  keep  him,  in  sick- 


492  MARRIAGE. 

ness  and  in  health,  and,  forsaking  all  others,  to  cleave  to  him 
alone,  so  long  as  you  both  shall  live  ? 

Answer.     I  do. 

Then,  by  the  authority  of  the  law  of  the  State  (or  Territory)  of 

,  I  now  declare  you  to  be  husband  and  wife,  and  may  great 

happiness  and  prosperity  attend  your  wedded  life. 


Shorter  Form  of  Marriage. 

After  the  contracting  parties  take  each  other  by  the  hand,  the 
person  officiating  says:   "  By  this  act  of  taking  each  other  by  the 

hand,   you,  Mr. ,  and  you.  Miss ,  do  covenant  with  each 

other,  and  in  presence  of  these  witnesses,  that  you  assume  toward 
each  other  the  relation  of  husband  and  wife;  that  you  will  love, 
comfort  and  keep  each  other  in  sickness  and  in  health,  and  that, 
forsaking  all  others,  you  will  cleave  to  each  other  alone,  so  long 
as  you  both  shall  live.     Do  you  so  promise? 

Answer  both.     I  do. 

Then  by  the  authority  of  the  law  of  the  State,  etc 


Marriage  Certificate. 

This  is  to  certify  that ,  farmer,  of ,  and 

of  the  same  place,  were,  with  their  mutual  consent,  lawfully  joined 
together  in  matrimony,  which  was  solemnized  by  me,  in  the  pres- 
ence of  creditable  witnesses. 

Given  at  the  city  of ,  this day  of ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  eighty-two. 

,  Judge. 

ANOTHER    FORM. 

This   is  to  certify   that   ,    of    ,   and 


daughter  of  and  ,    of    the    same  place,    were, 

with  their  mutual  consent,  lawfully  united  in  marriage  by  me,  on 
this day  of  ,  one   thousand  eight  hundred  and  eighty- 


two. 


Pastor  of  the church  of 

ANOTHER. 

This  is  to  certify  that  1  this  day  united  in  marriage,  at  their  mu- 


EXECUTION.  493 

tnal  request  and  with  their  mutual  consent,  -^ -,  merchant, 

of , ,  and ,  gentlewoman,  of  the  same  place. 

Signed  this day  of ,  eighteen  hundred  and  eighty-two. 

David  Noggle, 

Chief'  Justice. 


BILL  OF  COSTS. 

[To  be  filed  immediately  after  judgment  is  rendered.] 
In  the Court ,  of  the  County  of ,  State  of . 

-'  .     .      1 

Plaintiff  | 

vs.  }- Memorandum  of  costs  and  disbursements. 

,  I 

Defendant.  J 

DISBURSEMENTS. 

Sherifi's  fees ,  $ 

Clerk's  fees ,  $ . . . 

"Witness's  fees ,  $ 

[Here  set  out  the  items  of  cost.] 

State  of , 

County  of 


\  ss. 


,  being  duly  sworn,  depose —  and  say — :    That  

is  the the  attorney —  for  the in  tlie  above-entitled  ac- 
tion, and,  as  such,  is  better  informed,  relative  to  the  above  costs 

and  disbursements,  than  the  said .     That  to  the  best  of 

affiant's  knowledge  and    belief,   the  items   in    the  above 

memorandum   contained  are  correct,  and  that  the  said  disburse- 
ments have  been  necessarily  incurred  in  the  said  action. 

Subscribed  and  sworn  to  before  me  this 
day  of ,  18—. 


Execution. 

[from  a  court  of  record.] 
In  the Court,  in  and  for  the ,   County  of  ,  State    of 


The  People  of  the  State  of ,  to  the  Sheriff  of  the County 

of ,  Greeting  : 


494  SHERIFF  S    SALE. 

Whereas,  on  the day  of ,  188-. recovered  a 

judgment  in  the •  court  in  and  for  the ,  county  of ,'State 

of  — — ,  against for  the   sum  of dollars,  ■  with 

interest  at  the  rate  of per  cent,  per till  paid,  from 

the  date  of  said  judgment,  together  with dollars,  costs   and 

disbursements   at  the  date  of  said  judgment    and  accruing   costs 
as  appears  to  us  of  record. 

And  whereas,   the  judgment-roll  in  the  action   in  which   said 
judgment  was   entered  is   filed    in  the  clerk's  office  of  said  court, 

in  the county  of and  the  said  judgment  was  docketed  in 

said  clerk's  office  in   the  said  county,  on   the  day   and  year  first 
above  written. 

And  tlie  sum  of' dollars  with  interest is  now  (at  the 

date  of  this  writ)  actually  due  on  said  judgment. 

Now,  you,  the  said  sheriff,  are  hereby  required  to  make  the  said 
sums  due  on  the   said  judgment,  with  interest  as   aforesaid,  and 

costs  and  accruing  costs,  to  satisfy  the  said  judgment out  of 

the personal   property  of  ^said   debtor  ,  or,   if  sufficient 

personal  property  of  said  debtor  —  cannot  be  found,  then  out  of 

the  real  property  in  your county  belonging  to ; — ,  on 

the   day  whereon  said  judgment   was  docketed    in  the  said  - — — 
county,  or  any  time  thereafter;  and  make  return  of  this  writ  within 

days  after  your  receipt  hereof,    with  what   you  have    done 

endorsed  hereon. 

Witness,  Hon. ,  Judge  of  the 

said court  in  and  for  the 

county   of  ,  State  of  ,  at 

the   court-house  in   the   county  of 
,  this day  of  ,  188-. 

Attest  my  hand  and  the  seal  of  the  said  court, 
the  day  and  year  last  above  written. 

,  Clerk. 

By ,  Deputy  Clerk. 


Sheriff's  Sale. 

By  virtue  of  an  execution,  issued  out  of  the  ,  and  to   me 

directed  and  delivered,  for  a  judgment  rendered   and  entered   in 

said  court,  on day  of ,  188-,   m  favor  of ,  and 

against ,  I  have  levied  on the   following  property, 

to  wit : 

[Here  describe  the  property.] 

Notice  is  hereby  given  that  on  the day  of ,  188-,  at  — 

o'clock  —  M.  of  that  dav,  in  front  of  the   court-house  in  the 

county  of ,  I  will  sell  the  right,  title  and  interest  of  said 


-.  in  and  to   the  above  described   property,  at ,  at  public 


PETITION   FOR   LETTERS    OF    ADlttlNISTRATION  495 

auction,  for  cash in  hand,  to  the  highest   and  best  bidder,  to 

satisfy  said  execution  and  all  costs. 

Dated  the day  of ,  188-. 

,  Sheriff, 

By ,  Deputy  Sheriff'. 


Sheriflf's  and  Constable's  Notice  of  Attachment. 

Office  of  the  (Sheriff  or  Constable) 

OF  the  COUNTY  OF  . 

'  ,  188- 

To  M : 

You  will  please  take   notice   that  all  moneys,  goods,   credits, 

effects,  debts  due  or  owing,  and  all  other  personal  property 

in  your  possession,  or  under  your  control,  belonging  to  the  

named   in  the   writ,  of  which   the   annexed   is  a  copy, are 

attached  by  virtue  of  said  writ,  and  you  are  hereby  notified  not  to 
pay  over  or  transfer  the  same  to  any  one  but  myself.  Please  fur- 
nish a  statement. 

{Sheriff  or  Constable), 

By ^Deputy. 


Petition  for  Letters  of  Administration. 

In  the Court  of  the County ,  State  of 


In  the  Matter  of  the  Estate  of  )  x>  ^.-i.-      c     r   i.^        x-  a  j    ■ 
f  Petition  for  Letters  of  Admm- 

'   Deceased.      \     ^^tration. 
To  the  Honorable  the Court  of  the County  of ,  State 

of—; 

The  petition  of ,  of  said county  respectfully  shows: 

That died   on  or   about  the day  of ,  188-,  in 

the    county    of of .     That  •  said    deceased  at  the 

time  of death  was  a  resident  of  the county  of ,  State 

of .     That  said  deceased  lefc  estate  in  the  said  county  of 

,  State  of ,  consisting  of property;  that   the  value 

and  character  of  said  property,  so  far  as  known  to  your  applicant, 
are  as  follows,  to  wit: 

[Here  give  the  kinds  and  value  of  the  property.] 

Tliat  the  estate  and  effects  for  or  in  respect  of  which  letters  of 
administration  are  hereby  applied  for  do  not  exceed   the  value  of 

dollars, .     That  the  next  of  kin   of  said   deceased  and 

wiioiii  your  petitioner advised  and   believe —   and  therefore 


496  PETITION    TC> 

allege —  to  be  the  heir —  at  law  of  said  deceased ,  aged 

years,  residing  at .     That  due  search  and  inquiry  have 

been  made  to  ascertain  if  said  deceased  left  any  will  and  testament, 
but  none  has  been  found,  and  according  to  the  best  knowledger  in- 
formation and  belief  of  your  petitioner — ,  said  deceased  died  in- 
testate;   that    your   petitioner ,  of  said   deceased,  and 

therefore  as  your  petitioner advised  and  believe entitled 

to  letters  of  administration  of  said  estate; 

Wherefore,  your  petitioner — pray —  that  a  day  of  court  may  be 
appointed  for  hearing  this  application;  that  due  notice  thereof  be 
given  by  the  clerk  of  said  court  by  posting  notices  according  to 
law,  and  that  upon  said  hearing,  and  the  proofs  to  be  adduced, 
letters  of  administration  of  said  estate  may  be  issued  to  your  peti- 
tioner. 

And  your  petitioner —  will  ever  pray,  etc. 

Dated ,  188-. 


Petition  to  Set  Apart  Homestead. 

In   the Court,  in    and  for  the County  of ,  State  of 


In  the  Matter  of  the  Estate  of  )  x)  ^.v      ^     r*  i.^.-  ^ 
(  retition  tor  Decree  setting  apart 

r^  T       {      Homestead  for  use  of  Family 

Deceased.      J  '' 

To  the  Hon. ,  the Court  in   and  for  the county  of 

,  State  of . 

The  petition  of ,  deceased,  respectfully  shows  :    That 

said  deceased  was  a  resident  of  the county  of ,  at  the 

time  of death,  and  left  estate in  — — .     That  letters 

were  issued  to ,  on  the day  of 188-,   and  that 

on   the  day  of ,  188-,  said duly  returned  an 

inventory  and  appraisement  of  said  estate  to  said court;  that 

a  certain  quantity  of  land  in  said  inventory  and  hereinafter  par- 
ticularly described,  together  with  the  dwelling-house  thereon  and 

its  appurtenances,  was  selected  by  said  deceased  in lifetime, 

and  was  occupied  by  said  deceased  and family  at  the  time  of 

death  as  a  homestead;  that  since  the  said  time  of death, 

and  up  to  this  date, ha —  remained  in  possession  of  said 

homestead;    that  the  same  does  not  exceed  in  value  the  sum  of 

dollars, and  was  appraised,  as  appears  by  said  inventory 

and  appraisement,  at  the  sum  of dollars  only;  that  said  selec- 
tion was  made  by  said  deceased ,  declaring inten- 
tion, in   writing,  to   claim  the  same  as  a  homestead  ;  that  said 

declaration  stated  the  value  of  said  land,  and  that was 

mr.rried;  that at  the  time   of  making   such  declaration 

residing  with family  on  said  premises  (said  Dremises  being 


PROBATE   JUDGE.  497 

particularly  described  in  said  declaration),  and   that  it  was 


intention  to  use  and  claim  the  same  as  a  homestead,  which  said 
declaration  was  signed  by  the  said  part —  making  the  same, 
and  acknowledged  and  recorded  as  conveyances  affecting  real 
estate  are  required  to  be  acknowledged  and  recorded;  that  tlie 
family  of  said  deceased  consists  of ;  that  the  said  quan- 
tity of  land  hereinbefore  referred  to  is  situated  in  said county 

of ,  State  of ,  and  is  bounded  and  particularly  described  as 

follows,  to  wit : 

[Here  give  the  boundaries  carefully.] 

Wherefore  your  petitioner —  pray —  that  the  said  homestead, 
consisting  of  said  quantity  of  land,  together  with  the  dwelling- 
house  thereon  and  its  appurtenances,  be  set  apart  for  the  use  of 
the  family  of  said  deceased. 

And  your  petitioner—  will  ever  pray,  etc. 

Dated ,  188-. 


Attorney  for  Petitioner. 


Petition  for  Family  Allo-wance. 

In  the Court  in  and  for  the County  of ,  State  of . 

In  the  Matter  of  the  Estate  \  Petition  for  Order  setting  apart  Per- 

OF ,  V      sonal  Property  for  use  of  Family, 

Deceased.      )      and  for  Family  Allowance. 

To  the  Hon. ,  Judge  of  the  ^  Court  in  and  for  the 

County  of ,  State  of . 

The  petition  of ,  deceased,  respectfully  shows:    That 

on  the day  of ,  18 — ,  an  inventory  and  appraisement  of 

said  estate  were  duly  returned  to  said  court;  that  as  appears  by 
said  inventory  and  appraisement  said  estate  has  been  appraised  at 

the  sum  of dollars;   that  the  debts  of  said  estate do  not 

exceed,  in  all  probability,  the  sum  of dollars;    and  that  said 

estate  is solvent;   that  your  petitioner advised   and 

believe —  that  the  following  personal  property  belonging  to  said 
estate,  and  mentioned  in  said  inventory  and  appraisement,  is  by 
law  exempt  from  execution,  to  wit: 

[Here  set  out  the  property.] 

That  the  amount  of    said  personal  property  which  is  by  law 

exempt  from  execution,  is insufficient  for  the  support  of 

of  said  deceased,  and  that  an  allowance  out  of  the  said  estate  is 
necessary  for  the  maintenance  of  the  said  family;    and  that  the 

sum  of dollars  per  month  is  a  reasonable  allowance, 

according  to  the  circumstances  of  said  family. 

Wherefore  your  petitioner —  pray —  that  all  of  the  said  personal 
property  may  be  set  apart  for  the  use  of  the  said  family;   and  that 

32 


498  PETITIONS  TO 

an  allowance  of dollars per  month  be  made  for  the 

maintenance  of  said  family,  out  of  said  estate,  during  the  progress 
of  the  settlement  of  said  estate. 

And  your  petitioner —  will  ever  pray,  etc. 

Dated ,  18—.  . 


Petition  for  Support  of  Family. 

In  the Court,  in  and  for  the County  of ,  State  of 


In  THE  Matter  of  the  Estate  of  )  Petition  for  Provision  for  Sup- 

,  >      port  of  Family  until  Return  of 

Deceased.      )      Inventory. 

To  the  Hon. ,  Judge.,  in  and  for  the County 

of ,  State  of . 

The  petition  of ,  deceased,  respectfully  shows:    That 

said died  on  the day  of ,  \% — ,  leaving ; 

that letters of  the  estate  of  said  deceased  have been 

granted  to ,  and  that  no  inventory  has  yet  been  re- 
turned; that  said without  estate  of own,  and  wholly 

dependent  upon  said  estate  for  maintenance;    that  said  estate  is 

amply  able  to  provide  an  allowance  to  said for 

support,  to  the  extent  of dollars per  month,  which  is  a 

reasonable  amount  for  that  purpose,  according  to circumstan- 
ces and  accustomed  mode  of  life: 

Wherefore  your  petitioner —  pray —  that  an  allowance  out  of 

said  estate,  to  said  amount  of dollars  per  month,  be 

made  by  Your  Honor  for  the  support  of  the  family  of  said  deceased, 
until  the  return  of  said  inventory. 

And  your  petitioner —  will  ever  pray,  etc. 

Dated ,  18—. 


Petition  for  Sale  of  Personal  Property. 

In  the Court  of  the County  of ,  State  of 


In  the  Matter  of  the  Estate  of  j  p^^.^.^^  ^^^  ^^^^^  ^^  g^j^   ^^ 

'  T\  J       \      Personal  Property. 

Deceased.      )  ^     "^ 

1o  the  Hon. ,  Judge  of  the  Court  of  the  

County  of ,  State  of . 

The  petition  of ,  deceased,  respectfully  shows:    That 

on  the day  of ,  18—,  letters of  the  estate  of  said 

deceased  were  issued  to  your  petitioner —  and  that  said  letters 
have  not  been  revoked: 


PROBATE    JUDGE.  499 

Wherefore  jour  petitioner —  pray —  that  after  due  notice  given 

of  the  hearing  of  this  application,  an  order  a  sale  of ,  or 

that  such  other  or  further  order  may  be  made  as  is  meet  in  the 
premises. 

And  your  petitioner —  will  ever  pray,  etc. 

Bated ,  18—. 


Petition  for  Distribution  of  Estate. 

In  the Court  of  the County  of ,  State  of 

In  the  Matter  of  the  Estate  of  )  t^  ,  .^.        n       r\-  ^  -i    ^  /. 
1 1  etition   tor   Distribution    of 

Deceased.       (      ^'^^^^- 

To  the  Hon.  the Court  of  the  Cmviity  of .   State  of 

The  petition  of ,  deceased,  respectfully  shows:    That 

your  petitioner  appointed  such  by  the  order  of  this 

court  on  the day  of ,  a.  d.  18 — ,  and  on  the day  of 

• ,  A.  D.  18 — ,  he —  duly  qualified  as  such ,  and  thereupon 

entered  upon  the  administration  of  the  estate  of  said  deceased,  and 
ha —  ever  since  continued  to  administer  said  estate;  that  on  the 
day  of ,  A.D.  18 — ,  your  petitioner —  duly  made  and  re- 
turned to  this  court  a  true  inventory  and  appraisement  of  all  the 

estate  of  said  deceased  which  had  come  to  possession  or 

knowledge;  that  on  the day  of ,  a.  d.  18 — ,  your  peti- 
tioner—  duly  published  notice  to  creditors  to  present  their  claims 
against  the  said  deceased,  in  the  manner  and  for  the  period  pre- 
scribed by  this  court;  that  more  than ha —  elapsed  since  the 

appointment  of  your  petitioner —  as  such  ,  and  more  than 

months  have  expired  since  the  first  publication  of  said  notice 

to  creditors;  that  on  the day  of ,  a.  d.  18 — ,  your  peti- 
tioner—  filed accounts  as  such  ,   which  said  accounts, 

after  due  hearing  and  examination,  were  finally  settled;  that  all 
the  debts  of  said  deceased  and  of  said  estate,  and  all  the  expenses 
of  the  administration  thereof  thus  far  incurred,  and  all  taxes  that 
have  attached  to  or  accrued  against  the  said  estate,  have  been 
paid  and  discharged,  and  said  estate  is  now  in  a  condition  to  be 
closed;  that  the  residue  of  the  said  estate  now  remaining  in  the 
hands  of  your  petitioner —  is  fully  set  forth  and  described  in  the 
schedule  marked  "A,"  hereunto  annexed  and  made  a  part  of  this 

petition.     That  the said  estate  is property,  that  the  said 

died  — testate,  in  the county  of ,  on  the 

day  of ,  A.  D.  18 — ,  leaving surviving : 

[Here  give  the  names  of  those  who  are  entitled  to  distribution  from  the  estate.] 

That  the  said entitled  to   ,    the  residue  of  said 

estate . 


500  PETITION  FOE    GDABDIAN. 

Wherefore  your  petitioner —  pray —  that  the  administration  of 
said  estate  may  be  brought  to  a  close,  and  that  — he —  may  be 
discharged  from trust  as  such . 

That  after  due  notice  given  and  proceedings  had,  the  estate  re- 
maining in  the  hands  of  your  petitioner —  as  aforesaid   may  be 

distributed to  the  said  part —  entitled  thereto  as  aforesaid,  to 

wit:  the  sum  of to ,  etc., 

[Give  the  names,  and  amount  due  each  heir.] 

or  that  such  other  or  further  order  may  be  made  as  is  meet  in  the 
premises. 

And  your  petitioner —  will  ever  prav,  etc. 

Bated ,  18—.  "  . 


Petition  for  Appointment  of  Guardian. 

In  the  Court  in   and  for  the County  of ,  State  of 


Iir  The  Matter  of  the  Estate"] 

AND  Guardianship  of  (    Petition    for    Appointment    of 
,  [      Guardian. 

Deceased. 

To  the  Hon. ,  Judge  of  the  —  County  of ,  State 

of ■ 

The  petition  of respectfully  shows:    That  your  peti- 
tioner is  (the  mother  or  friend)  of ,  minor —  child—  of 

;  that  said  minor —  ha —  no  guardian  legally  appointed 

by  will,  and resident —  of ,  and  ha —  estate  within , 

which  needs  the  care  and  attention  of  some  fit  and  proper  person; 
that  said  estate  consists  of: 

[State  what  the  property  is  and  its  condition.] 

That  therefore  it  is  necessary  and  convenient  that  a  guardian  be 
appointed  to  the  person —  and  estate —  of  said    minor — ;   that 

said is  of  the  age  of years, 

[State  names  and  ages  of  the  children,  etc.] 

and  said  minor at  present  under  the  care  of -^ ; 

That  the  only  relative —  of  the  said  minor —  residing  in  said 

coiiuty  of . 

Wherefore  your  petitioner  prays  that  Your  Honor appoint 

,  a  fit  and  proper  person,  or  such  other  person  as 

a  guardian  of  said  minor — ,  and  that  Your  Honor  cause  such 

notice  to  be  given  to  the  said as  Your  Honor  shall  on 

due  inquiry  deem  reasonable. 

And  your  petitioner  will  ever  pray,  etc 

Dated .  18—. 


Attorney  for  Petitioner. 


BONDS.  501 

Belease  of  all  Demands. 

Know  all  men  by  these  presents,  that of  the   county 

of , of ,  for  and  in  consideration  of  the  sum  of —  dollars 

of  the  United  States  of  America  to in  hand  paid  by 

of  the county   of  aforesaid, released  \and   forever 

discharged,  and  by  these  presents  do,  for ,  heirs,  executors 

and  administrators,  release   and  forever  discharge  the  said 

heirs,  executors  and  administrators,  of  and  from  all,  and  all  man- 
ner of  actions  and  causes  of  actions,  suits,  debts,  dues,  sums  of 
money,  accounts,  reckonings,  bonds,  bills,  specialties,  covenants, 
controversies,  agreements,  promises,  variances,  trespasses,  dam- 
ages, judgments,  extents,  executions,  claims  and  demands  whatso- 
ever, in  law  or  in  equity,  which  against  the  said ever  had  or 

now  have,  or  which or heirs,  executors  or  administra- 
tors hereafter  can,  shall,  or  may  have,  for,  upon,  or  by  reason  of 
any  matter,  cause  or  thing  whatsoever,  from  the  beginning  of  the 
world  to  the  date  of  these  presents. 

In  witness  whereof have  hereunto  set hand  and  sea  1 

this  day  of ,  one  thousand  eight  hundred  and  eighty 

.    [seal.] 

.     [SEAIi.  ] 

Signed,  sealed  and  delivered  . 
in  the  presence  of 


Bond  for  Deed  of  Miningr  Property. 

Know  all   men   by   these  presents,    that s.-  held   and 

firmly   bound   unto   in   the  sum   of dollars,  of 

the  United  States  of  America,  to  be  paid  to  the  said , 

executors,  administrators  or  assigns;  for  which  payment  well  and 
truly  to  be  made, bind ,  heirs,  executors  and  admin- 
istrators,   iirmly  by  these  presents.     Sealed  with  : seal — 

and  dated  the day  of ,  one  thousand  eight  hundred  and 

eighty  — — . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 

bounden  obligor shall,  on  the day  of ,  one  thousand 

eight  hundred  and  eighty ,  make,  execute  and  deliver  unto  the 

said or  to assigns  (provided  that  the  said 

shall,  on  or  before  that  day,  have  paid  to  the  said  obligor —  the 

sum  of dollars,  of  the  United  States  of  America,  the 

price  by  said agreed  to  be  paid  therefor),  a  good  and 

sufficent  deed  for  conveying  and  assuring  to  the  said 

free  from  all  incumbrances,  all right,  title  and  interest,  estate, 

claim  and  demand,  both  in  law  and  equity,  as  well  in  possession 


502  JUSTICE. 

as  in  expectancy,  of,  in  or  to  that  certain  portion,  claim  and  min- 
ing right,   title  or  property  on certain  vein —  or  lode —  of 

rock  containing  precious  metals  of  gold,  silver  and  other  miner- 
als, and  situated  in  the Mining  District,  county  of  and 

of ,  and  described  as  follows,  to  wit; 

[Here  insert  a  careful  and  correct  description  of  the  mining  property  bonded.] 
Then  this  obligation  to  be  void,  otherwise  to  remain  in  full  force 
and  virtue. 

[seal.] 

.    [seal.] 

Signed,  sealed  and  delivered 
in  the  presence  of 


Power  of  Attorney  to  Sell  Mining  Property. 

Know  all  men  by  these   presents,    that have  made, 

constituted  and  appointed,  and  by  these  presents  do make, 

constitute  and  appoint true  and  lawful  attorney —  for 

r  and  in name — ,  place  and  stead,  and  for use  and 

benefit  to  grant,  bargain,  sell,  remise,  release,  convey  and  quit 
claim  to  wliom,  and  upon  such  terras  as said  attorney —  may- 
deem  best,  all  of right,  title  and  interest,  estate,  claim  and 

demand,  both  in  law  and  m  equity,  as  well  in  possession  as  in  ex- 
pectancy, of,  in  or  to  that  certain  portion,  claim  and  mining  right, 
title  or  property,  on  that  certain  vein  or  lode  of  rock  containing 
precious  metals  of  gold,  silver  and  other  minerals,  and   situated 

in  the  Mining  District,  county  of ,   and  of , 

described  as  follows,  to-wit: 

[Describe  the  property  fully  and  carefully.] 

Giving  and  granting  unto said  attorney —  full  power  and 

authority  to  do  and  perform  all  and  every  act  and  thing  whatso- 
ever requisite  and  necessary  to  be  done  in  and  about  the  premises, 

as  fully  to  all  intents  and  purposes  as might  or  could  do  if 

personally  present, hereby  ratifying  and  confirming  all 

that said  attorney shall  lawfully  do  or  cause  to  be  done 

by  virtue  of  these  presents. 

In  witness  whereof,  — —  have  hereunto  set hand —  and  seal 

—  the day  of ,  one  thousand  eight  hundred  and  eighty- 

* 

.    [seal.] 

.    [seal.  ] 

Signed,  sealed  and  delivered 
in  the  presence  of 


*Tl)e  power  or  attorney  and  bond  should  be  recorded  in  the  county  whei*©  the 
mine  is  located. 


builder's  contract.  503 

Builder's  Contract. 

Articles  of  agreement,  made  this day  of ,  one  thousand 

eight  hundred   and  eighty ,    between   ,  as  party  of  the 

first  part,    and    contractor    as  party    of   the  second   part, 

witness: 

1st.     The  said  part of  the  second  part,  do hereby,  for 

heirs,  executors  and  administrators,  covenant,  promise  and 

agree  with  and  to  the  said  part —  of  the  first  part, execu- 
tors,   administrators    and    assigns,   that  the  said  part —  of 

the  second  part executors   and  administrators,  shall  and  will, 

for  the  consideration  hereinafter  mentioned,  on  or  before  the • 

day  of ,  A.  D.  188-.  well  and  completely  erect  and  finish  the 

building — 

[Here  insert  the  kind  of  building  to  be  erected,  whether  of  brick,  stone  or 
otherwise,  and  the  lot  of  land  (describing  it  carefulljO  where  the  building  is  to  be 
erected.] 

conformable  to  the  drawings  and  specifications  made  by archi- 
tect—  and  signed  by  the  parties  and  hereunto  annexed,  within  the 
time  aforesaid,  in  a  good,  workmanlike  and  substantial  manner,  to 

the  satisfaction,  and  under  the  direction  of  the  said architect — , 

to  be  testified  by  a  writing  or  certificate  under  the  hand  of  the  said 

architect —  and  also  shall  and  will  find  and  provide  such  good, 

proper  and  sufficient  materials  of  all  kinds  whatsoever  as  shall  be 
proJDer  and  sufficient  for  completing  and  finishing  all  the  (foun- 
dations, walls,  floors,  ceilings,  roofings,  doors,  windows,  etc.,  in- 
cluding all  things  the  contractor  is  to  furnish),    and  other  works 

of  said  building  mentioned  in  the specification  for  the  sum  of 

dollars,  and  the  said  part of  the  first  part,  do 

hereby,    for  heirs,  executors  and  administrators,    covenant, 

promise  and  agree,  with  and  to  the  said  part  of  the  second 

part of  the  first  part, executors  or  administrators,  shall 

and  will,  in  consideration  of  the  covenants  and  agreements  being 
strictly  performed  and  kept  by  tlie  said  part —  of  the  second 
part,  as  specified,  well  and  truly  pay.  or  cause  to  be  paid  unto  the 
said  part —   of  the   second  part —  executors,  administrators    or 

assigns,  the  said  sum  of dollars, of  the  United  States 

of  America,  in  the  manner  following,  to  wit:  {Twenty  thousand 
dollars  when  the  masoro  looik  is  completed;  twenty  thousand  dol- 
lars when  all  the  plasterers  work  has  heen  done,'  twenty  thousand 
dollars  when  all  the  windows  are  put  in^  etc.  Set  out  the  full 
manner  of  payment,  whatever  it  may  be.  *    ^     *  *        *^ 

Provided.,  That  in  each  of  the  said  cases  a  certificate  be  obtained 

and  signed  by  the  said architect —  to  the  effect  that  said 

has  been  completed,  up  to  the  time  of  the  making  of  said  certificate, 
in  accordance  with  this  agreement  and  said  specifications;  and 
it  is  hereby  further  agreed  by  and  between  the  said  parties,  that, 


504  builder's  contract. 

First — The  specifications  and  drawings  are  intended  to  co-ope- 
rate, so  that  any  works  exliibited  in  tlie  drawings  and  not  mentioned 
in  the  specifications,  or  vice  versa,  are  to  be  executed  the  same  as  if 
it  were  mentioned  in  the  specifications  and  set  forth  in  the  draw- 
ings, to  the  true  meaning  and  intention  of  the  said  drawings  and 
specifications.         *         *         * 

Second— The  contractor  at  his  own  proper  costs  and  charges, 
is  to  provide  all  manner  of  materials  and  labor,  scaffolding,  im- 
plements, molds,  models,  and  cartage  of  every  description,  for 
the  due  performance  of  the  several  erections.         *        *       *        * 

Third — Should  the  owner  at  any  time  during  the  progress  of  said 
building  request  any  alterations,  deviations,  additions  or  omis- 
sions  from  the  said 'contract,  specifications  or  plans shall  be 

at  liberty  to  do  so,  and  the  same  shall  in  no  way  affect  or  make 
void  the  contract,  but  will  be  added  to  or  deducted  from  the 
amount  of  the  said  contract  price,  as  the  case  may  be,  by  a  fair 
and  reasonable  valuation. 

Fourth — Should  the  contractor,  at  any  time  during  the  jjrogress 
of  said  works,  refuse  or  neglect  to  supply  a  sufficiency  of  materials 
or  workmen,  the  owner  shall  have  the  power  to  provide  materials 
and  workmen  (after  three  days'  notice  in  writing,  given),  to  finish 
the  said  works,  and  the  expenses  shall  be  deducted  from  the 
amount  of  the  said  contract  price. 

Fifth — Should  any  dispute  arise  respecting  the  true  construc- 
tion or  meaning  of  the  drawings  or  specifications,  the  same  shall 
be  decided  by and  —  decisions  shall  be  final  and  con- 
clusive; but  should  any  dispute  arise  respecting  the  true  value  ot 
the  extra  work  or  works  omitted,  the  same  shall  be  valued  by  two 
competent  persons, — one  employed  by  the  owner  and  the  other  by 
the  contractor, — and  in  case  they  cannot  agree,  these  two  shall 
have  power  to  name  an  umDire  whose  decision  shall  be  binding  on 
all  parties. 

Sixth — The  owner  shall  not  in  any  manner  be  answerable  or 
accountable  for  any  loss  or  damage  that  shall  or  may  happen  to 
the  said  works  or  any  part  or  parts  thereof  respectively,  or  for  any 
of  the  materials  or  other  things  used  and  employed  in  finishing 
and  completing  the  same  (loss  or  damage  by  fire  excepted). 

In  witness  whereof  the  said  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals,  the  day  and  year  first  above 
written. 

.     lSEAL.] 

[seal.] 

.   [seal.] 

Signed  and  sealed  ia  the 
presence  of 


UIGHWAYS.  506 

HIGHWAYS. 

Complaint   to    the  Commissioners  of  Highways    against 
an  Overseer  for  Neglect  of  Duty. 

To  the  CoxLnty  Commissioners  of County^  State  of . 


The  complaint  of  S  T,  a  resident  of  the  town  of ,  aforesaid, 

respectfully  showeth,  that  C  D,  the  overseer  of  highways  for  road 

district  ISTo. in  ^aid  county,  has  nec^lected  and  refused  to  warn 

the  following  persons,  to  wit,  A  E,  K  G,  and  C  S,  to  work  on  the 
highways  in  said  district,  after  having  been  required  to  do  so  by 
the  commissioners  or  one  of  them.  And  the  said  S  T  hereby 
requires  the  commissioners  of  highways  aforesaid  to  prosecute  the 
said  C  D  for  said  offense. 

^  ST. 

Dated  the day  of ,  18 — . 


Application  to  County  Commissioners  to  Lay  Out   New 

Road. 

To  the  Commissioners  of  the  County  of ,  State  of- 


The  undersigned,  a  person  liable  to  be  assessed  for  highway 
labor  in  said  town,  and  residing  therein,  doth  hereby  make  appli- 
cation to  you  to  lay  out  a  new  road  of  the  width  of  tliree  rods 
through  lands  not  enclosed,  improved,  or  cultivated  (or,  through 
lands  not  enclosed,  improved,  or  cultivated,  excepting  as  to  lands 
of  A  B,  who  consents  to  the  laying  out  of  said  road,  and  has  signi- 
fied the  same  by  signing  this  petition),  beginning  at,  etc.  (describ- 
ing the  road  by  courses  and  distances,  or  such  objects  and  bound- 
aries as  shall  make  the  route  sufficiently  definite  and  certain). 

A  B. 


Order  of  County  Conmiissioners  to  Lay  out  a  High^^ay. 

State  of County,  of 


At  a  meeting  of  the  commissioners  of  highways  of  the  town  of ^ 

in  the  county  of ,  at ,  in  said  town,  on  the day  of , 

all  the  said  commissioners  having  met  and  deliberated  on  the  sub- 
ject embraced  in  this  order,  it  is  ordered  and  determined  by  the 
said  commissioners  that  a  highway  be  laid  out  in  the  said  town, 
of  the  width  of  four  rods,  on'the  application  of  C  D,  and  by  the 
consent  of  A  B,  through  whose  improved  lands  the  said  highway 
is  to  pass  for  a  part  of  the  distance,  the  residue  of  said  highway 
being  through  lands  not  enclosed,  improved  or  cultivated.     And 


506  HIGHWAYS. 

the  said  commissiouers  have  caused  a  survey  to  be  made,  as  fol- 
lows: The  center  line  of  said  highway  is  to  begin  at ,  and  to 

run  thence   etc. 

[Here  iusert  the  survey,] 

In  witness,  etc. 


Application  to  Alter  a  Road. 

To  the  Commissioners  of  Highways  of  the.    Town  of  ,  in  th£ 

County  of ; 

We,  the  undersigned,  M  L  and  C  N,  residents  of  said  town,  and 
liable-  to  be  assessed  for  highway  labor  therein,  do  hereby  make 
application  to  you,  the  said  commissioners,  to  alter  the  highway 
leading  from  the  house  of  G  H  to  \kQ  house  of  P  Q,  as  follows  : 

[  Insert  a  description  of  the  proposed  alteration  by  courses  and  distances  or  by 
objects  and  boundaries,  so  as  to  render  it  sufficiently  certain  and  definite.] 

The  proposed  alteration  passes  through  lands  which  are  not  im- 
proved, enclosed,  or  cultivated  {or,  passes  through  the  improved 
land  of  M  L  and  C  M,  who  consent  thereto). 

Dated  the day  of ,  18—. 

M  L, 
CM. 


Application  to  Lay  Out  a   Highway  througli    Improved 
Land  without  the  Consent  of  the  Owners. 

To  the   Commissioners  of  Highways  of  the  Town  of ,  in  the 

County  of ,  State  of  / 

The  undersigned,  resident  of  the  said  town,  and  liable  to  be 
assessed  for  highway  labor  therein,  hereby  makes  application  to  you, 
the  said  commissioners,  to  lay  out  a  highway  in  said  town,  com- 
mencing at,  etc., 

[  Here  insert  a  description  by  courses  and  distances,  or  by  objects  and  bounda- 
ries, so  as  to  render  the  proposed  route  sufficiently  certain  and  definite.] 
which  said  highway  will  pass  through  the  improved    {or  enclosed, 
or  cultivated)  lands  of  0  D  and  G  H,  who  do  not  consent  to  the 
laying  out  of  the  same. 

Dated  the day  of ,  18 — • 

A.  B. 


FORMAL    ASSIGNMENTS  507 

FORMAL  ASSIGIOIENTS. 
General. 

To  he  written  or  endorsed  on  the  hack  of  any  instrument. 

Know  all  men  by  these  presents,  that  I,  the  within  named  F  S, 

in  consideration  of dollars  to  me  paid  by  S  B,  have  assigned 

to  the  said  S  B,  and  his  assigns,  all  my  interest  in  the  within  writ- 
ten instrument,  and  every  clause,  article,  or  thing  therein  con- 
tained; and  1  do  hereby  constitute  the  said  S  B,  my  attorney,  in 
my  name,  but  to  his  own  use,  and  at  his  own  risk  and  cost,  to  take 
all  legal  measures  which  may  be  proper  for  the  complete  recovery 
and  enjoyment  of  the  assigned  premises,  with  power  of  substitu- 
tion. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal, 
this day  of ,  one  thousand  eight  hundred  and . 

F  T.  [l.  s.] 
Executed  and  delivered  in  presence  of 


Assignment  of  a  Lease. 

Know  all  men  by  these  presents,  that  I,  the  within  named  I  T, 

the  lessee,  for  and  in  consideration  of  the  sum  of  dollars,  to 

me  in  hand  paid  by  S  H,  of,  etc.,  at  and  before  the  sealing  and  de- 
livery hereof  (the  receipt  whereof  I  do  hereby  acknowledge), 
have  granted,  assigned  and  set  over,  and  by  these  presents  do 
grant,  assign  and  set  over,  unto  the  said  S  H,  his  executors,  ad- 
ministrators, and  assigns,  the  within  indenture  of  lease,  and  all 
that  messuage,  etc.,  thereby  demised,  with  the  appurtenances;  and 
also  all  my  estate,  right,  title,  term  of  years  yet  to  come,  claim, 
and  demand  whatsoever,  of,  in,  to,  or  out  of  the  same.  To  have 
and  to  hold  the  said  messuage,  etc.,  unto  the  said  S  H,  his  exec- 
utors, administrators,  and  assigns,  for  the  residue  of  the  term 
within  mentioned,  under  the  yearly  rent  and  covenants  within  re- 
served and  contained,  on  my  part  and  behalf  to  be  done,  kept  and 
performed. 

In  testimony,  etc.  (as  in  General  Form  of  Assignment). 


Assignment  of  a  Mortgage. 

Know  all  men  by  tliese  presents,   that  I,  J  T,   the  mortgagee 

within  named,  for  and  in  consideration  of  the  sum  of dollars, 

to  me  paid  by  S  H,  of,  etc.,  at  and  before  the  sealing  and  delivery 
hereof  (the  receipt  whereof  is  hereby  acknowledged),  have  granted, 
bargained,  sold,  assigned  and  set  over,  and  by  these  presents  do 
grant,  bargain,  sell,  assign  and  set  over,  unto  the  said  S  II,  his 
heirs,  executors,  administrators  and  assigns,   the  within  deed  of 


508  FORMAL     ASSIGNMENTS. 

mortgage,  and  all  my  right  and  title  to  that  messuage,  etc. ,  therein 
mentioned  and  described,  together  with  the  original  debt  for 
which  the  said  mortgage  was  given,  and  all  evidence  thereof,  and 
all  the  rights  and  appurtenances  therennto  belonging.  To  have 
and  to  hold,  all  and  singular,  the  premises  hereby  granted  and  as- 
signed, or  mentioned,  or  intended  so  to  be,  unto  the  saidS  H,  his 
heirs  and  assigns,  forever;  subject,  nevertheless,  to  the  right  and 
equity  of  redemption  of  the  within  named  B  E,  his  heirs  and 
assigns  (if  anv  they  have),  in  the  same. 

In  testimony,  etc.  (as  in  General  Form  of  Assignment) 


Assig^nment  of  Debt. 

Know  all  men  by  these  presents,  that  we,  B  &  F  (chandler)s,  in 

consideration  of  the  Sum  of dollars,  paid  to  tliem  by  P  L,  of 

,  in  the  county  of  (the  receipt  of  which  is  hereby  ac- 
knowledged), do  hereby  sell,  assign,  and  transfer  unto  the  said 
P  L  all  their  claims  and  demands  against  S  R,  of  said  -^ — ,  for 
debts  due  to  the  said  B  &  F,  and  all  causes  of  actions  against  said 
S  R,  now  pending  in  their  favor,  and  all  causes  of  action  whatso- 
ever against  him. 

And  the  said  B  &  F  do  hereby  nominate  and  appoint  the  said 
P  L  his  executors  and  administrators,  their  attorney  or  attorneys 
irrevocable;  and  do  give  him  and  them  full  power  and  authority 
to  institute  any  suit  or  suits  against  said  S  R,  and  to  prosecute  the 
same,  and  any  suit  or  suits  which  are  now  pending  for  any  cause 
or  causes  of  action,  in  favor  of  said  B  &  F,  against  said  S  R,  to  final 
judgment  and  execution;  and  any  executions  for  the  cause  or  causes 
aforesaid,  to  cause  to  be  satisfied  by  levying  the  same  on  any  real 
or  personal  estate  of  the  said  SR,  and  the  proceeds  thereof  to  take 
and  apply  to  his  or  their  own  use;  and  in  case  of  levying  said  exe- 
cutions on  any  real  estate,  the  said  B  &  F  he-reby  empower  the  said 
P  L,  his  executors  and  administrators,  to  sell  and  pass  deeds  to 
convey  the  same,  for  such  price  or  consideration,  and  to  such 
person  or  persons,  and  on  such  terms,  as  he  or  they  shall  deem  ex- 
pedient; or,  if  he  or  they  prefer  it,  to  execute  any  conveyances  that 
may  be  necessary  to  rest  the  title  thereof  in  him  or  them,  as  his  or 
their  own  property;  but  itis  hereby  expressly  stipulated  that  all  such 
acts  and  proceedings  are  to  be  at  the  proper  costs  and  charges  of 
the  said  P  L,  his  executors  and  administrators,  without  expense  to 
said  B  &  F. 

And  the  said  B  &  F  do  further  empower  the  said  P  L,  his  exec- 
utors and  administrators,  to  appoint  such  substitute  or  substitutes 
as  he  or  tliey  see  fit,  to  carry  into  effect  the  object  and  pur])oses  of 
tliis  authority,  or  any  of  them,  and  the  same  to  revoke  from  time 
to  time  at  his  or  their  pleasure;  the  said  B  &  F  hereby  ratifying  and 


FOKMLAL  ASSIGNMENTS.  509 


confirming  all  the  lawful  acts   of  tlie  said  PL,  his,  etc.,  in  pur- 
suance of  the  foregoing  authority. 

In  testimony,  etc.  (as  in  General  Form  of  Assignment.)* 


Assig^nment  by  a   Debtor  to  Trustees,  for  the   benefit  of 

his  Creditors. 

This  indenture,  made  this day  of ,  eighteen  hundred 

and ,  by  and  between  P  N,  of ,  cobbler,  of  the  first  part, 

H  S,  of  ,  of  the  second  part,  and  the  several  persons,  creditors 

of  the  said  party  of  the  first  part,  who  have  executed  or  shall  here- 
after execute  or  accede  to  these  presents,  of  the  third  part,  wit- 
nesseth: 

That,  whereas,  the  party  of  the  first  part  is  indebted  to  divers 
persons  in  considerable  sums  of  money,  which  he  is  at  present  un- 
able to  pay  in  full,  and  he  is  desirous  to  convey  all  his  property 
for  the  benefit  of  all  his  creditors,  without  any  preference  or  pri- 
ority other  than  that  provided  by  law; 

Now,  the  party  of  the  first  part,  in  consideration  of  the  premises, 
and  of  one  dollar  paid  to  him  by  the  party  of  the  second  part, 
hereby  grants,  bargains,  sells,  assigns  and  conveys  unto  the 
party  of  the  second  part,  and  his  heirs  and  assigns,  all  his  lands, 
tenaments,  hereditaments,  goods,  chattels,  property,  and  chosesin 
action,  of  every  nature,  name  and  description,  wheresoever  the  same 
may  be,  except  such  property  only  as  is  exempted  by  law  from 
attachment; 

To  have  and  to  hold  the  said  premises  unto  the  said  party  of  the 
second  part,  and  his  heirs  and  assigns. 

But  in  trust  and  confidence,  nevertheless,  to  sell  and  dispose  of 
the  said  real  and  personal  estate  and  to  collect  the  said  choses  in 
action,  using  a  reasonable  discretion  as  to  the  times  and  modes  of 
selling  and  disposing  of  said  estate,  as  it  respects  making  sales  for 
cash  or  on  credit,  at  public  auction  or  by  private  contract,  and  with 
the  right  to  compound  for  the  said  choses  in  action,  taking  a  part 
for  the  whole,  when  the  trustees  shall  deem  it  expedient  so  to  do; 
then  in  trust  to  dispose  of  the  proceeds  of  the  said  property  in  the 
manner  following,  viz.: 

First.  To  pay  all  such  debts  as  by  the  laws  of  the  United 
States,  or  of  this  State,  are  entitled  to  the  preference  in  such  cases. 

Second.  To  pay  the  costs  and  charges  of  these  presents,  and  the 
expenses  of  executing  the  trusts  declared  in  these  presents. 

Third.  To  distribute  and  pay  the  remainder  of  the  said  pro- 
ceeds to  and  among  all  the  parties  of  the  third  part,  ratably,  in 
proportion  to  their  respective  debts;  (or  if  there  is  a  statute  regu- 
lating the  distribution  say)  according  to  the  true  intent  and  meaning 
of  an  act  entitled  "An  Act,"  etc. 

*  This  assignment  should  be  acknowledged  and  recorded  because  it  relates  to 
real  estate. 


510  FORMAL    ASSIGNMENTS. 

And  if  there  should  be  any  surplus,  after  paying  all  the  parties 
of  the  third  part  in  full,  then  in  trust: 

Fourth.  To  pay  over  such  surplus  to  the  party  of  the  first  part, 
his  executors,  administrators,  or  assigns. 

And  the  party  of  the  first  part  hereby  constitutes  and  appoints 
the  party  of  the  second  part  his  attorney  irrevocable,  with  power 
of  substitution,  authorizing  him,  in  the  name  of  the  party  of  the 
first  part,  or  otherwise,  as  the  case  may  require,  to  do  any  and  all 
acts,  matters  and  things,  to  carry  into  effect  the  true  intent  and 
meaning  of  these  presents,  which  the  party  of  the  first  part  might 
do  if  personally  present. 

And  the  party  of  the  second  part,  hereby  accepting  these  trusts, 
covenants  to  and  with  each  of  the  other  parties  hereto,  to  execute 
the  same  faithfully. 

And  the  party  of  the  first  part  hereby  covenants  with  the  said 
trustee,  from  time  to  time,  and  at  all  times,  when  requested,  to 
give  him  all  the  information  in  his  power  respecting  the  assigned 
property,  and  to  execute  and  deliver  all  such  instruments  of 
further  assurance  as  the  party  of  the  second  part  shall  be  advised 
by  counsel  learned  in  the  law  to  be  necessary  in  order  to  carry  into 
fiiU  effect  the  true  intent  and  meaning  of  these  presents. 

And  the  parties  of  the  third  part,  b}^  signing  and  sealing  these 
presents,  express  their  assent  to  this  assignment,  and  accept  the 
provision  for  them  made  therein  pursuant  to  the  statute  aforesaid. 

In  testimony  whereof,  etc.  (as  in  General  Form  of  Assignment). 

[All  the  parties  who  are  aifected  by  the  assignment,  should  sign  it  themselves 
or  by  their  agents,  or  they  will  not  be  bound  by  the  assignment.] 

*  This  assignment  should  be  acknowledged  and  recorded,  because  it  relates  to 
real  estate. 


CHAPTER  XVIII. 

PERSONS  ENTITLED  TO  PENSIONS. 
Pension  Laws. 

Section  1639.  If  any  person,  whether  officer  or  soldier,  belonging 
to  the  militia  of  any  State,  and  called  out  into  the  service  of  the 
United  States,  be  wounded  or  disabled  while  in  actual  service,  he 
shall  be  taken  care  of  and  provided  for  at  the  public  expense. 

Sec.  1656.  When  any  officer,  non-commissioned  officer,  artificer, 
or  private  of  the  militia  or  volunteer  corps  dies  in  the  service  of 
the  United  States,  or  in  returning  to  his  place  of  residence  after 
being  mustered  out  of  service,  or  at  any  time  in  consequence  of 
wounds  received  in  service,  and  leaves  a  widow,  or  if  no  widow,  a 
child  or  children  under  sixteen  years  of  age,  such  widow,  or  if  -no 
widow,  such  child  or  children,  shall  be  entitled  to  receive  half  the 
monthly  pay  to  which  the  deceased  was  entitled,  at  the  time  of  his 
death,  during  the  term  of  five  years;  and  in  case  of  the  death  or 
intermarriage  of  such  widow  before  the  expiration  of  five  years, 
the  half  pay  for  the  remainder  of  the  time  shall  go  to  the  child  or 
children  of  the  decedent.  And  the  Secretary  of  the  Interior  shall 
adopt  such  forms  of  evidence,  in  applications  under  this  section, 
as  the  President  may  prescribe. 

Sec.  1657.  The  volunteers  or  militia,  who  have  been  received 
into  the  service  of  the  United  States,  to  suppress  Indian  depreda- 
tions in  Florida,  shall  be  entitled  to  all  the  benefits  which  are 
conferred  on  persons  wounded  or  otherwise  disabled  in  the  service 
of  the  United  States. 

Sec.  4692.  Every  person  specified  in  the  several  classes  enumer- 
ated in  the  following  section,  who  has  been,  since  the  fourth  day 
of  March,  eighteen  hundred  and  sixty-one,  or  who  is  hereafter  dis- 
abled under  the  conditions  therein  stated,  shall,  upon  making  due 
proof  of  the  fact,  according  to  such  forms  and  regulations  as  are 
or  may  be  provided  in  pursuance  of  law,  be  placed  on  the  list  of 
invalid  pensioners  of  the  United  States,  and  be  entitled  to  receive, 
for  a  total  disability,  or  a  permanent  specific  disability,  such  pen- 
sion as  is  hereinafter   provided  in  such  cases;  and  for  an  inferior 

(511) 


512  PENSION 

disability,  except  in  cases  of  permanent  specific  disability,  for 
which  the  rate  of  pension  is  expressly  provided,  an  amount  pro- 
portionate to  that  provided  for  total  disability;  and  such  pension 
shall  commence  as  hereinafter  provided,  and  continue  during  the 
existence  of  the  disability. 

Sec.  4693.  The  persons  entitled  as  beneficiaries  under  the  pre- 
ceding section  are  as  follows: 

First.  Any  ofiicer  of  the  army,  including  regulars,  volunteers, 
and  militia,  or  any  officer  in  the  navy  or  marine  corps,  or  any  en- 
listed man,  however  employed,  in  the  military  or  naval  service  of 
the  United  States,  or  in  its  marine  corps,  whether  regularly  mus- 
tered or'not,  disabled  by  reason  of  any  wound  or  injury  received, 
or  disease  contracted,  while  in  the  service  of  the  United  States  and 
in  the  line  of  duty. 

Second.  Any  master  serving  on  a  gunboat,  or  any  pilot,  engineer, 
sailor,  or  other  person  not  regularly  mustered,  serving  upon  any 
gunboat  or  war- vessel  of  the  United  States,  disabled  by  any  wound 
or  injury  received,  or  otherwise  incapacitated,  while  in  the  line  of 
duty,  for  procuring  his  subsistence  by  manual  labor. 

Third.  Any  person  not  an  enlisted  soldier  in  the  army,  serving 
for  the  time  being  as  a  member  of  the  militia  of  any  State,  under 
orders  of  an  officer  of  the  United  States,  or  who  volunteered  for 
the  time  being  to  serve  with  any  regularly  organized  military  or 
naval  force  of  the  United  States,  or  who  otherwise  volunteered  and 
rendered  service  in  any  engagement  with  rebels  or  Indians,  disabled 
in  consequence  of  wounds  or  injury  received  in  the  line  of  duty  in 
such  temporary  service.  But  no  claim  of  a  State  militia-man,  or 
non-enlisted  person,  on  account  of  disability  from  wounds  or  injury 
received  in  battle  with  rebels  or  Indians,  while  temporarily  render- 
ing service,  shall  be  valid  unless  prosecuted  to  a  successful  issue 
prior  to  the  fourth  day  of  July,  eighteen  hundred  and  seventy- 
four. 

Fourth.  Any  acting  assistant  or  contract  surgeon  disabled  by 
any  wound  or  injury  received  or  disease  contracted  in  the  line  of 
duty  while  actually  performing  the  duties  of  assistant  surgeon  or 
acting  assistant  surgeon  with  any  military  force  in  the  field,  or  in 
transitu,  or  in  hospital. 

Fifth.  Any  provost-marshal,  deputy  provost-marshal,  or  enroll- 
ing-officer  disabled,  by  reason  of  any  wound  or  injury  received  in 
the  discharge  of  his  duty,  to  procure  a  subsistence  by  manual 
labor. 


LAWS.  513 

Sec.  4745.  Any  pledge,  mortgage,  sale,  assignment,  or  transfer 
of  any  right,  claim,  or  interest  in  any  pension  which  has  been,  or 
may  hereafter  be,  granted,  shall  be  void  and  of  no  effect;  and  any 
person  acting  as  attorney  to  receive  and  receipt  for  money  for  and 
in  behalf  of  any  person  entitled  to  a  pension  shall,  before  receiv- 
ing such  money,  take  and  subscribe  an  oath,  to  be  filed  with  the 
pension  agent,  and  by  him  to  be  transmitted,  with  the  vouchers  now 
required  by  law,  to  the  proper  accounting  officer  of  the  Treasury, 
that  he  has  no  interest  in  such  money  by  any  pledge,  mortgage, 
sale,  assignment,  or  transfer,  and  that  he  does  not  know  or  believe 
that  the  same  has  been  so  disposed  of  to  any  person. 

Sec.  4T46.  Every  person  who  knowingly  or  willfully  in  any- 
wise procures  the  making  or  presentation  of  any  false  or  fraud- 
ulent affidavit  concerning  any  claim  for  pension,  or  payment  thereof, 
or  pertaining  to  any  other  matter  within  the  jurisdiction  of  the 
Commissioner  of  Pensions,  or  who  knowingly  or  willfully  presents 
or  causes  to  be  presented  at  any  pension  agency  any  power  of 
attorney  or  other  paper  required  as  a  voucher  in  drawing  a  pension, 
which  paper  bears  a  date  subsequent  to  that  on  which  it  was 
actually  signed  or  executed,  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars,  or  by  imprisonment  for  a  term  not  exceed- 
three  years,  or  by  both. 

Sec.  4747.  JSTo  sum  of  money  due,  or  to  become  due,  to  any 
pensioner  shall  be  liable  to  attachment,  levy,  or  seizure  by  or  under 
any  legal  or  equitable  process  whatever,  whether  the  same  remains 
with  the  pension  office,  or  any  officer  or  agent  thereof,  or  is  in 
course  of  transmission  to  the  pensioner  entitled  thereto,  but  shall 
inure  wholly  to  the  benefit  of  such  pensioner. 

Sec.  4787.  Every  officer,  soldier,  seaman,  and  marine  who  was 
disabled  during  the  war  for  the  suppression  of  the  rebellion,  in  the 
military  or  naval  service,  and  in  the  line  of  duty,  or  in  conse- 
quence of  wounds  received  or  disease  contracted  therein,  and  who 
was  furnished  by  the  War  Department,  since  the  seventeenth  day 
of  June,  eighteen  hundred  and  seventy,  with  an  artificial  limb  or 
apparatus  for  resection,  who  wa,s  entitled  to  receive  such  limb  or 
apparatus  since  said  date,  shall  be  entitled  to  receive  a  new  limb 
or  apparatus  at  the  expiration  of  every  five  years  thereafter,  under 
such  regulations  as  have  been  or  may  be  prescribed  by  the  Sur- 
geon-General of  the  army. 

Sec.  4788.    Every  person  entitled  to  the  benefits  of  the  preced- 
ing section  may,  if  he  so  elects,  receive,  instead  of  such  limb  or 
33 


514  PENSION 

apparatus,  the  money  value  thereof,  at  the  followirij^  rates,  namely: 
For  artificial  legs,  seventy-five  dollars;  for  arms,  fifty  dollars; 
for  feet,  fifty  dollars;  for  apparatus  for  resection,  fifty  dollars. 

Sec.  4789.  The  Surgeon-General  shall  certify  to  the  Commis- 
sioner of  Pensions  a  list  of  all  soldiers  who  elect  to  receive  money- 
commutation  instead  of  limbs  or  apparatus,  with  the  amount  due 
to  each,  and  the  Commissioner  of  Pensions  shall  cause  the  same 
to  be  paid  to  such  soldiers  in  the  same  manner  as  pensions  are 
paid. 

Sec.  4790.  Every  person  in  the  military  or  naval  service  who 
lost  a  limb  during  the  war  of  the  rebellion,  but  from  the  nature  of 
his  injury  is  not  able  to  use  an  artificial  limb,  shall  be  entitled  to 
the  benefits  of  section  4788,  and  shall  receive  money  commutation 
as  therein  provided. 

Sec  4791.  The  Secretary  of  War  is  authorized  and  directed  to 
furnish  to  the  persons  embraced  by  the  provisions  of  section  4787, 
transportation  to  and  from  their  homes  and  the  place  where  they 
may  be  required  to  go  to  obtain  artificial  limbs  provided  for  them 
under  authority  of  law. 

Sec.  5485.  *  Any  agent  or  attorney,  or  any  other  person  instru- 
mental in  prosecuting  any  claim  for  pension  or  bounty-land,  who 
shall,  directly  or  indirectly,  contract  for,  demand,  or  receive  or  re- 
tain any  greater  compensation  for  his  services  or  instrumentality 
in  prosecuting  a  claim  for  pension  or  bounty-land  than  is  provided 
in  the  title  pertaining  to  pensions,  or  who  shall  wrongfully  with- 
hold from  a  pensioner  or  claimant  the  whole  or  any  part  of  the 
pension  or  claim  allowed  and  due  such  pensioner  or  claimant,  or 
the  land  warrant  issued  to  any  such  claimant,  shall  be  deemed 
guilty  of  a  high  misdemeanor,  and,  upon  conviction  thereof,  shall, 
for  every  such  oifense,  be  fined  not  exceeding  five  hundred  dol- 
lars, or  imprisonment  at  hard  labor  not  exceeding  two  years,  or 
both,  at  the  discretion  of  the  court. 

Sec.  5498.  Every  officer  of  the  United  States,  or  person* hold- 
ing any  place  of  trust  or  profit,  or  discharging  any  official  function 
under,  or  in  connection  with,  any  executive  department  of  the 
Government  of  the  United  States,  or  under  the  Senate  or  House 


*  This  section  is  re-enacted  in  ttie  bill  making  appropriations  for  the  fiscal  year 
ending  June  30,  1883,  as  follows:  "And  the  provisions  of  section  5485  of  the 
Revised  Statues  shall  be  applicable  to  any  person  who  shall  violate  the  provisions 
of  an  act  entitled  'An  Act  relating  to  claim  agents  and  attorneys  in  pension  cases, 
approved  June  twentieth,  eighteen  hundred  and  seveuty-eight." 


LAWS.  515 

of  Eepresentatives  of  the  United  States ,  who  acts  as  an  agent  or 
attorney  for  prosecuting  any  claim  against  the  United  States,  or  in 
any  manner,  or  by  any  means,  otherwise  than  in  discharge  of  his 
proper  official  duties,  aids  or  assists  in  the  prosecution  or  support 
of  any  such  claim,  or  receives  any  gratuity,  or  any  share  of  or  in- 
terest in  any  claim  from  any  claimant  against  the  United  States, 
with  the  intent  to  aid  or  assist,  or  in  consideration  of  having  aided 
or  assisted,  in  the  prosecution  of  such  claim,  shall  pay  a  line  of 
not  more  than  five  thousand  dollars  or  suffer  imprisonment  not 
more  than  one  year,  or  both. 


AN  ACT  to  equalize  pensions  in  certain  cases. 

Be  it  enacted  hy  the  Senate  and  Rome  of  Eepi'esentatives  of 
the  United  States  of  Ameinca  in  Congress  assemUed,  That  all  per- 
sons entitled  to  pensions  under  special  acts  fixing  the  rate  of 
such  pensions,  and  now  receiving  or  entitled  to  receive  a  less 
pension  than  that  allowed  by  the  general  pension  laws  under 
like  circumstances,  are,  in  lieu  of  their  present  rate  of  pension, 
hereby  declared  to  be  entitled  to 'the  benefits  and  subject  to  the 
limitations  of  the  general  pension  laws,  entitled,  "An  Act  to  re- 
vise, consolidate,  and  amend  the  laws  relating  to  pensions,"  ap- 
proved March  third,  eighteen  hundred  and  seventy-three;  and 
that  this  act  go  into  effect  from  and  after  its  passage:  Provided, 
That  this  act  shall  not  be  construed  to  reduce  any  pension  granted 
by  special  act. 

Approved  June  6,  1874 


AN  ACT  to  increase  the  ')ensions  of  soldiers  and  sailors  who  have  been  totally 

disabled. 

Be  it  enacted  hy  the  Senate  am,d  House  of  Eepresentatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section 
4  of  the  act  entitled  ''An  Act  to  revise,  consolidate,  and  amend 
the  laws  relatin:,^  to  pensions,"  and  approved  March  third,  eighteen 
hundred  and  seventy-three,  be  so  amended  that  all  persons  who, 
while  in  the  militai  y  or  naval  service  of  e  United  States,  and  in 
the  line  of  duty,  shall  have  been  so  permanently  and  totally  dis- 
abled as  to  require  the  regular  personal  aid  and  attendance  of  an- 
other person,  by  the  loss  of  the  sight  of  both  eyes  or  by  the  loss 
of  the  sight  of  one  eye,  the  sight  of  the  other  having  been  previ- 
oudy  lost,  or  by  the  loss  of  both  hands,  or  by  the  loss  of  both  feet, 
or  by  any  other  injury  resulting  in  total  and  permanent  helpless- 


516  TENSION 

ness,  shall  be  entitled  to  a  pension  of  fifty  dollars  per  month;  and 
this  shall  be  in  lieu  of  a  pension  of  thirty-one  dollars  and  twenty- 
five  cents  per  month  granted  to  such  persons  by  said  section:  Pro- 
vided^  That  the  increase  of  pension  shall  not  be  granted  by  reason 
of  any  of  the  injuries  herein  specified,  unless  the  same  have  re- 
sulted in  permanent,  total  helplessness,  requiring  the  regular  per- 
sonal aid  and  attendance  of  another  person. 

Sec.  2.  That  this  act  shall  take  effect  from  and  after  the  fourth 
day  of  June,  eighteen  hundred  and  seventy-four. 

Approved  June  18,  1874. 


AN  ACT  to  increase  pensions  in  certain  cases. 

Be  it  enacted  ly  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  all  per- 
sons who  are  now  entitled  to  pensions  under  existing  laws,  and  who 
have  lost  either  an  arm  at  or  above  the  elbow,  or  a  leg  at  or  above 
the  knee,  shall  be  rated  in  the  second  class,  and  shall  receive 
twenty-four  dollars  per  month:  Provided,  That  no  artificial  limbs, 
or  commutation  therefor,  shall  be  furnished  to  such  persons  as  shall 
be  entitled  to  pensions  under  this  act. 

Sec.  2.  That  this  act  shall  take  effect  from  and  after  the  fourth 
day  of  June,  eighteen  hundred  and  seventy-four. 

Approved  June  18,  1874. 


AN  ACT  making  appropriations  for  the  payment  of  invalid  and  other  pensions 
of  the  United  States  for  the  year  ending  June  thirtieth,  eighteen  hundred  and 

seventy-five. 

******* 

Prmnded  further^  That  the  fees  for  preparing  vouchers  and  ad- 
ministering oaths,  which  are  now  by  law  thirty  cents  in  each  case, 
shall  hereafter  be  twenty-five  cents  for  the  same  and  no  more. 

Approved  June  20,1874. 


AN  ACT  to  regulate  the  issue  of  artificial  limbs  to  disabled  soldiers,  seamen  and 

others. 

Be  it  enacted  l)y  the  Senate  and  House  of  Representatives  of  the 
United  States  ofAmericay  in  Congress  Assembled,  That  every  officer 
soldier,  seaman  and  marine,  who,  in  the  line  of  duty,  in  the 
military  or  naval  service  of  the  United  States,  shall  have  lost  a 
limb,  or  sustained  bodily  injuries,  depriving  him  of  the  use  of  any 
of  his  limbs,  shall  receive  once  every  five  years  an  artifical  limb 


LAWS.  517 

or  appliance,  or  commutation  therefor,  as  provided  and  limited  by 
existing  laws,  under  such  regulations  as  the  Surgeon-General  of 
the  army  may  prescribe;  and  the  period  of  five  years  shall  beheld 
to  commence  with  the  filing  of  the  first  application  after  the 
seventeenth  day  of  June,  in  the  year  eighteen  hundred  and  seventy. 

Sec.  2.  That  necessary  transportation  to  have  artificial  limbs  fit- 
ted shall  be  furnished  by  the  Quartermaster-General  of  the  army, 
the  cost  of  which  shall  be  refunded  out  of  any  money  appropriated 
for  the  purchase  of  artifical  limbs:  Provided^  That  this  act  shall  not 
be  subject  to  the  provisions  of  an  act  entitled  "An  Act  to  increase 
pensions,"  approved  June  eighteenth,  eighteen  hundred  and 
seventy-four. 

Approved  August  15,  1876. 


AN  ACT  to  perfect  the  revision  of  the  statutes  of  the  United  States,  and  of  the 
statutes  relating  to  the  District  of  Columbia. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  that  for  the 
purpose  of  correcting  errors  and  supplying  omissions  in  the  act 
entitled  "An  Act  to  revise  and  consolidate  the  statutes  of  the 
United  States  in  force  on  the  first  day  of  December,  anno  Domini 
one  thousand  eight  hundred  and  seventy  three,"  so  as  to  make  the 
same  truly  express  such  laws,  the  following  amendments  are  hereby 
made  therein: 

******  ^ 

Section  4770  is  struck  out. 

Section  4787  is  amended   by  adding    at  the  end  of  the  section 
the  following: 

"  The  provisions  of  this  section  shall  apply  to  all  ofiicers,  non- 
commissioned officers,  enlisted  and  hired  men  of  the  land  and 
naval  forces  of  the  United  States,  who,  in  the  line  of  their  duty  as 
such,  shall  have  lost  limbs  or  sustained  bodily  injuries  depriving 
them  of  the  use  of  any  of  their  limbs,  to  be  determined  by  the 
Surgeon-General  of  the  army;  and  the  term  of  five  years  herein 
specified  shall  be  held  to  commence  in  each  case  with  the  filing  of 
the  application  for  the  benefits  of  this  section." 

Section  4790  is  amended  by  inserting,  in  the  second  line,  after 
the  word  "rebellion  "  the  words  "  or  is  entitled  to  the  benefits  of 
section  4787." 

Section  4791  is  amended  by  adding  at  the  end  of  the  section  the 
following: 


518  PENSION 

"The  transportation  allowed  for  having  artificial  limbs  fitted 
shall  be  furnished  by  the  Quartermaster-G-eneral  of  the  army,  the 
cost  of  which  shall  be  refunded  from  the  appropriations  for  invalid 
pensions." 

******** 

Approved  February  27,  1877. 


AN  ACT  to  allow  a  pension  of  thirty-six  dollars  per  month  to  soldiers  who  have 
lost  both  an  arm  and  a  leg. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  In  Congress  assembled^  That  all  persons 
who,  while  in  the  military  or  naval  service  of  the  United  States, 
and  in  the  line  of  duty,  shall  have  lost  one  hand  and  one  foot,  or 
been  totally  and  permanently  disabled  in  both,  shall  be  entitled  to 
a  pension  for  each  of  such  disabilities,  and  at  such  a  rate  as  is  pro- 
vided for  by  the  provisions  of  the  existing  laws  for  each  disability: 
Provided^  That  this  act  shall  not  be  so  construed  as  to  reduce 
pensions  in  any  case. 

Approved' February  28,  1877. 


AN  ACT  equalizing  pensions  of  certain  officers  in  the  navy. 

Be  it  enacted  hy  the  'Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  from  and 
after  the  passage  of  this  act,  the  pension  for  total  disability  of 
passed  assistant  engineers,  and  cadet  engineers  in  the  naval  ser- 
vice, respectively,  shall  be  the  same  as  the  pensions  allowed  to 
ofiicers  of  the  line  in  the  naval  service  with  whom  they  have  relative 
rank;  and  that  all  acts  or  parts  of  acts  inconsistent  herewith  be, 
and  are  hereby,  repealed. 

Approved  March  3,  1877. 


AN  ACT  amending  the  pension-law  so  as  to  remove  the  disability  of  those  who, 
having  participated  in  the  rebellion,  have,  since  its  termination,  enlisted  in 
the  army  of  the  United  States,  and  become  disabled. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled^  That  the  law 

prohibiting  the  payment  of  any  money  on  account  of  pensions  to 

any  person,  or  to  the  widow,  children,  or  heirs  of  any  deceased 

person,  who,  in  any  manner,  engaged  in  or  aided  or  abetted  the 

late  rebellion  against  the  authority  of  the  United  States,  shall  not 


LAWS.  519 

be  construed  to  apply  to  such  persons  as  afterward  voluntarily 
enlisted  in  the  army  of  the  United  States,  and  who,  while  in  such 
service,  incurred  disability  from  a  wound  or  injury  received  or 
disease  contracted  in  the  line  of  duty. 

Approved  March  3,  1877. 

[Not  held  to  apply  to  navy  cases.j 


Section  3646,  Kevised  Statutes,  which  takes  the  place  of  Sec.  4770, 
stricken  out  by  the  provisions  of  the  act  approved  February  27, 
1877,  is  as  follows: 

Sec.  3646.  Whenever  any  original  check  is  lost,  stolen,  or  de- 
stroyed, disbursing  officers  and  agents  of  the  United  States  are 
authorized,  after  the  expiration  of  six  months,  and  within  three 
years  from  the  date  of  such  check,  to  issue  a  duplicate  check;  and 
the  Treasurer,  assistant  treasurers  and  designated  depositaries  of 
the  United  States  are  directed  to  pay  such  duplicate  checks,  upon 
notice  and  proof  of  the  loss  of  the  original  checks,  under  such 
regulations  in  regard  to  their  issue  and  payment,  and  upon  the 
execution  of  such  bonds,  with  sureties,  to  indemnify  the  United 
States,  as  the  Secretary  of  the  Treasury  shall  prescribe.  This 
section  shall  not  apply  to  any  check  exceeding  in  amount  the  sum 
of  one  thousand  dollars. 


AN  ACT  to  amend  section  4778  of  the  Revised  Statutes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assemUed^  That  when- 
ever during  a  session  of  the  Senate  a  vacancy  shall  occur  in  the 
office  of  pension  agent,  by  reason  of  resignation,  death,  removal 
or  expiration  of  the  term  of  office,  or  where  any  such  agent  law- 
fully appointed  shall  have  fafled  to  qualify  and  assume  the  duties 
of  such  office,  the  President  may,  when  the  public  exigency  requires 
it,  designate  any  officer  of  the  United  States  to'  perform  the  duties 
of  such  office,  but  such  designation  shall  not  be  fpr  a  longer  time 
than  twenty  days,  and  such  officer  so  designated  shall  give  bonds 
if  required  by  the  President  for  the  faithful  discharge  "of  the  said 
duties,  and  the  Secretary  of  the  Interior  shall  allow  in  the  settle- 
ment of  the  accounts  of  such  officer  the  necessary  expenses  incurred 
by  him  in  the  discharge  of  his  duties  under  tliis  act.  The  foregoing 
provisions  shall  apply  to  any  vacancy  now  existing. 

Approved  March  S,  187S. 


520  PENSION 

AN  ACT  amending  the  laws  granting  pensions  to  the  soldiers  and  sailors  of 
the  war  of  eighteen  hundred  and  twelve,  and  their  widows,  and  for  other 
purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  the  Secre- 
tary of  the  Interior  be,  and  he  is  hereby,  anthorized  and  directed 
to  place  on  the  pension-roll  the  names  of  the  surviving  officers 
and  enlisted  and  drafted  men  without  regard  to  color,  including 
militia  and  volunteers,  of  the  military  and  naval  service  of  the 
United  States  who  served  for  fourteen  days  in  the  war  with  Great 
Britain  of  1812,  or  who  were  in  any  engagement  and  were  honor- 
ably discharged,  and  the  surviving  widows  of  such  officers  and  en- 
listed and  drafted  men. 

Sec.  2.  That  this  act  shall  not  apply  to  any  person  who  is  re- 
ceiving a  pension  at  the  rate  of  $8  per^ month  or  more,  nor  to  any 
person  receiving  a  pension  of  less  than  $8  per  month,  except  for 
the  difference  between  the  pension  now  received  (if  less  than  $8 
per  month)  and  $8  per  month.  Pensions  under  this  act  shall  be 
at  the  rate  of  $8  per  month,  except  as  herein  provided,  and  shall  be 
paid  to  the  persons  entitled  thereto,  from  and  after  the  passage  of 
this  act,  for  and  during  their  natural  lives:  Provided^  That  the 
pensions  to  widows  provided  for  in  this  act  shall  cease  when  they 
shall  marry  again. 

Sec.  3.  That  before  the  name  of  any  person  shall  be  placed  upon 
the  pension-rolls  under  this  act  proof  shall  be  made,  under  such 
rules  and  regulations  as  the  Commissioner  of  Pensions,  with  the 
approval  of  the  Secretary  of  the  Interior,  shall  prescribe,  that  the 
applicant  is  entitled  to  a  pension  under  this  act;  and  any  person 
who  shall  falsely  take  any  oath  required  to  be  taken  under  the  pro- 
visions of  this  act  shall  be  guilty  of  perjury;  and  the  Secretary  of 
the  Interior  shall  cause  to  be  stricken  from  the  rolls  the  name  of 
any  person  when  it  shall  appear,  by  proof  satisfactory  to  him, 
that  such  name  was  put  on  said  rolls  by  or  through  false  or  fraud- 
ulent representations,  or  by  mistake  as  to  the  right  of  such  person 
to  a  pension  under  this  act.  The  loss  or  lack  of  a  certificate  of 
discharge  shall  not  deprive  the  applicant  of  the  benefit  of  this  act, 
but  other  proof  of  the  service  performed  and  of  an  honorable  dis- 
charge, if  satisfactory,  shall  be  deemed  sufficient ;  and  when  there  is 
no  record  evidence  of  such  service  and  such  discharg^e  the  applicant 
may  establish  the  same  by  other  satisfactory  testimony:  Provided^ 
That  when  any  person  has  been  granted  a  land-warrant,  under  any 


LAWS.  621 

act  of  Congress,  for  and  on  account  of  service'  in  the  said  war  of 
1812,  such  grant  shall  be  prima-facie  evidence  of  his  service  and 
honorable  discharge,  so  as  to  entitle  him,  if  living,  or  his  widow 
if  he  be  dead,  to  a  pension  under  this  act;  but  such  evidence  shall 
not  be  conclusive,  and  may  be  rebutted  by  evidence  that  such 
land-warrant  was  improperly  granted. 

Sec.  4.  That  all  applications  for  pensions  of  the  classes  pro- 
vided for  in  this  act  heretofore  or  which  may  hereafter  be  made 
shall  be  considered  and  decided  as  though  made  under  this  act; 
and  all  laws  now  in  force  in  regard  to  the  manner  of  paying  pen- 
sions, and  in  reference  to  the  punishment  of  frauds,  shall  be  ap- 
plicable to  all  claims  under  the  provisions  of  this  act. 

Sec.  5.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  and  directed  to  restore  to  the  pension-rolls  the  names 
of  all  ]3erson8  now  surviving  heretofore  pensioned  on  account  of 
service  in  the  war  of  1812  against  Grreat  Britain,  or  for  service 
in  any  of  the  Indian  wars,  and  whose  names  were  stricken 
trom  the  rolls  in  pursuance  of  the  act  entitled  "An  Act  authorizing 
'the  Secretary  of  the  Interior  to  strike  from  the  pension-rolls  the 
names  of  such  persons  as  have  taken  up  arms  against  the  Govern- 
ment or  who  have  in  any  manner  encouraged  the  rebels, "  approved 
February  4,  1862;  and  that  the  joint  resolution  entitled  "Joint 
resolution  prohibiting  payment  by  any  officer  of  the  Government 
to  any  person  not  known  to  have  been  opposed  to  the  rebellion 
and  in  favor  of  its  suppression,"  approved  March  2,  1867,  and 
section  4716  of  the  Revised  Statues  of  the  United  States,  shall  not 
apply  to  the  persons  provided  for  by  this  act:  Provided^  That  no 
money  shall  be  paid  to  any  one  on  account  of  pensions  for  the  time 
during  which  his  name  remained  stricken  from  the  rolls. 

Sec.  6.  That  the  surviving  widow  of  any  pensioner  of  the  war 
of  1812,  where  the  name  of  said  pensioner  was  stricken  from  the 
pension-roils  in  pursuance  of  the  act  entitled  '  'An  Act  authorizing 
the  Secretary  of  the  Interior  to  strike  from  the  pension  rolls  the 
names  of  such  persons  as  have  taken  up  arms  against  the  Govern- 
ment or  who  have  in  any  manner  encouraged  the  rebels,"  ap- 
proved February  4,  1862,  and  where,  under  the  existing  provisions 
of  law,  said  pensioner  died  without  his  name  being  restored  to  the 
rolls,  shall  be  entitled  to  make  claim  for  a  pension  as  such  widow 
alter  the  passage  of  this  act:  Provided,  That  no  such  arrearages 
shall  be  paid  for  any  period  prior  to  the  time  of  the  removal  of 
the   disability  of  the   pensioner,   as   provided  in  section   5:    And 


522  PENSION 

provided  further^  That  under  this  act  any  widow  of  a  revolution- 
ary soldier  Avho  served  for  fourteen  days  or  was  in  any  engagement 
shall  be  placed  on  the  pension-rolls  of  the  United  States  and  re- 
ceive a  pension  at  the  rate  of  $8  per  month. 

Sec.  T.  That  all  laws  and  clauses  of  laws  in  conflict  with  this 
act  be,  and  they  are  hereby,  repealed. 

Approved  March  9,  1878. 


AN  ACT  to  increase  the  pension  of  certain  pensioned  soldiers  and  sailors  who 
have  lost  both  their  hands  or  both  their  feet  or  the  sight  of  both  eyes  in  the 
service  of  the  country. 

Whereas,  it  is  apparent  that  the  present  pension  paid  to  soldiers 
and  sailors  who  have  lost  both  their  hands  or  both  their  feet  in  the 
service  of  the  country  is  greatly  inadequate  to  the  support  of  such 
as  have  families  :  Therefore, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  on  and  after 
the  passage  of  this  act,  all  soldiers  and  sailors  who  have  lost  either 
both  their  hands  or  both  their  fe^et  or  the  sight  of  both  eyes  in  the 
service  of  the  United  States,  shall  receive,  in  lieu  of  all  pensions 
now  paid  them  by  the  Government  of  the  United  States,  and  there 
shall  be  paid  to  them,  in  the  same  manner  as  pensions  are  now 
paid  to  such  persons,  the  sum  of  seventy-two  dollars  per  month. 

Approved  June  17,  1878. 


■  AN  ACT  to  amend  section  4695  of  the  Revised  Statutes  of  the  United  States. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  from  and 
after '  July  sixteenth,  eighteen  hundred  and  sixty-two,  pensions 
granted  to  lieutenant-commanders  in  the  navy  for  disability,  or  on 
account  of  their  deatli,  shall  be  the  same  as  theretofore  provided 
for  lieutenants  commanding. 

Approved  June  18,  1878. 


AN  ACT  relating  to  claim  agents  and  attorneys  in  pension  cases. 
Be  it  enacted  hy  the  Senate  and  Home  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled,  It  shall   be  un- 
lawful for  any  attorney,  agent,  or  other  person  to   demand  or  re- 
ceive for  his  services  in  a  pension  case  a  greater   sum   than   ten 


LAWS.  623 

dollars.  No  fee  contract  shall  hereafter  be  filed  with  the  Commis- 
sioner of  Pensions  in  any  case.  In  pending  cases  in  which  a  fee 
contract  has  heretofore  been  tiled,  if  the  pension  shall  be  allowed, 
the  Commissioner  of  Pensions  shall  approve  the  "same  as  to  the 
amount  of  the  fee  to  be  paid  at  the  amount  specified  in  the  con- 
tract. Sections  4768,  4769  and  4786  of  the  Revised  Statutes  shall 
not  apply  to  any  case  or  claim  hereafter  tiled,  nor  to  any  pending 
claim  in  which  the  claimant  has  not  been  represented  by  an  agent 
or  attorney  prior  to  the  passage  of  this  act. 

Sec.  2.  Section  4785  of  the  Revised  Statutes  is  hereby  repealed. 

Approved  June  20,  1878. 


AN  ACT  to  provide  that  all  pensions  on  account  of  death,  or  wounds  received, 
or  disease  contracted  in  the  service  of  the  United  States  during  the  late  war 
of  the  rebellion,  which  have  been  granted,  or  which  shall  hereafter  be  granted 
shall  commence  from  the  date  of  death  or  discharge  from  the  service  of  the 
United  States,  for  the  payment  of  arrears  of  pensions,  and  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  all  pensions 
which  have  been  granted  under  tlie  general  laws  regulating  pen- 
sions, or  may  hereafter  be  granted,  in  consequence  of  death  from 
a  cause  which  originated  in  the  United  States  service  during  the 
continuance  of  the  late  war  of  the  rebellion,  or  in  consequence  of 
wounds,  injuries,  or  disease  received  or  contracted  in  said  service* 
during  said  war  of  the  rebellion,  shall  commence  from  the  date  of 
the  death  or  discharge  from  said  service  of  the  person  on  whose 
account  the  claim  has  been  or  shall  hereafter  be  granted,  or  from 
the  termination  of  the  right  of  the  party  having  prior  title  to  such 
pension  :  Provided,  The  rate  of  pension  for  the  intervening  time 
for  which  arrears  of  pension  are  hereby  granted  shall  be  the  same 
per  month  for  which  the  pension  was  originally  granted. 

Sec.  2.  That  the  Commissioner  of  Pensions  is  hereby  authorized 
and  directed  to  adopt  such  rules  and  regulations  for  the  payment 
of  the  arrears  of  pensions  hereby  granted  as  mil  be  necessary  to 
cause  to  be  paid  to  such  pensioner,  or,  if  the^'pensioner  shall  have 
died,  to  the  person  or  persons  entitled  to  the  same,  all  such  arrears 
of  pension  as  the  pensioner  may  be,  or  would  have  been,  entitled 
to  under  this  act. 

Sec.  3.  That  section  4717  of  tlie  Revised  Statutes  of  the  United 
States,  which  provides  that  "no  claim  for  pension  not  prosecuted 
to  a  successful  issue  within  five  years  from  the  date  of  tiling  the 


524  PENSION 

same  shall  be  admitted  without  record  evidence  from  the  War  6r 
Navy  Department  of  the  injury  or  the  disease  which  resulted  in 
the  disability  or  death  of  the  person  on  whose  account  the  claim 
is  made:  Provided^  That  in  any  case  in  which  the  limitation 
prescribed  by  this  section  bars  tlie  further  prosecution  of  the  claim, 
the  claimant  may  present,  through  the  pension  office,  to  the  Adju- 
tant-General of  the  army  or  the  Surgeon-General  of  the  navy, 
evidence  that  the  disease  or  injury  which  resulted  in  the  disability 
or  death  of  the  person  on  whose  account  the  claim  is  made  origi- 
nated in  the  service  and  in  the  line  of  duty;  and  if  such  evidence 
is  deemed  satisfactory  by  the  officer  to  whom  it  may  be  submitted, 
he  shall  cause  a  record  of  the  fact  so  proved  to  be  made,  and  a 
copy  of  the  same  to  be  transmitted  to  the  Commissioner  of  Pen- 
sions, and  the  bar  to  the  prosecution  of  the  claims  shall  thereby 
be  removed,"  be,  and  the  same  is  hereby,  repealed. 

Sec.  4.  No  claim-agent  or  other  person  shall  be  entitled  to 
receive  any  compensation  for  services  in  making  application  for 
arrears  of  pension. 

Sec.  5.  That  all  acts  or  parts  of  acts  so  far  as  they  may  conflict 
with  the  provisions  of  this  act  be,  and  the  same  are  hereby,  re- 
pealed. 

Approved  January  25,  1879. 


The  following  provisions  v/ere  enacted  as  a  portion  of  the  act 
making  appropriations  for  the  payment  of  the  arrears  of  pensions, 
approved  March  3,  1879: 

****** 

That  the  rate  at  which  the  arrears  of  invalid  pensions  shall  be 
allowed  and  computed  in  the  cases  wliich  have  been  or  shall  here- 
after be  allowed,  shall  be  graded  according  to  the  degree  of  the 
pensioner's  disability  from  time  to  time,  and  the  provisions  of  the 
pension  laws  in  force  over  the  period  for  which  the  arrears  shall 
be  computed. 

That  section  1  of  the  act  of  January  twenty-fifth,  eighteen 
hundred  and  seventy-nine,  granting  arrears  of  pensions,  shall  be 
construed  to  extend  to  and  include  pensions  on  account  of  soldiers 
wlio  were  enlisted  or  drafted  for  the  service  in  the  war  of  the 
rebellion,  but  died  or  incurred  disability  from  a  cause  originating 
after  the  cessation  of  hostilities,  and  before  being  mustered  out: 
Provided^  That  in  no  case  shall  arrears  of  pensions  be  allowed 
and  paid  from  a  time  prior  to  tlie  date  of  actual  disability. 


LAWS.  525 

Sec.  2.  All  pensions  which  have  been,  or  which  may  hereafter 
be  granted  in  consequence  of  death  occurring  from  a  cause  which 
originated  in  the  service  since  the  fourth  day  of  March,  eighteen 
hundred  and  sixty-one,  or  in  consequence  of  wounds  or  injuries 
received,  or  disease  contracted  since  that  date,  shall  commence 
from  the  death  or  discharge  of  the  person  on  whose  account  the 
claim  has  been  or  is  hereafter  granted,  if  the  disability  occurred 
prior  to  discharge;  and  if  such  disability  occurred  after  the  dis- 
charge, then  from  the  date  of  actual  disability,  or  from  the  termi- 
nation of  the  right  of  party  having  prior  title  to  such  pension: 
Promded^  The  application  for  such  pension  has  been  or  is  here- 
after filed  with  the  Commissioner  of  Pensions  prior  to  the  first 
day  of  July,  eighteen  hundred  and  eighty,  otherwise  the  pension 
shall  commence  from  the  date  of  filing  the  application;  but  the 
limitation  herein  prescribed  shall  not  apply  to  claims  by  or  in 
behalf  of  insane  persons  and  children  under  sixteen  years  of  age. 

Sec.  3.  Section  4709  of  the  Revised  Statutes  is  hereby  re- 
pealed. 


AN  ACT  relating  to  soldiers  while  in  the  civil  service  of  the  United  States. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled^  That  all  per- 
sons who,  under  and  by  virtue  of  the  first  section  of  the  act  en- 
titled "An  Act  supplementary  to  the  several  acts  relating  to 
pensions,"  approved  March  third,  eighteen  hundred  and  sixty-five, 
were  deprived  of  their  pensions  during  any  portion  of  the  time 
from  the  third  of  March,  eighteen  hundred  and  sixty-five,  to  the 
sixth  of  June,  eighteen  hundred  and  sixty-six,  by  reason  of  their 
being  in  the  civil  service  of  the  United  States,  shall  be  paid  their 
said  pensions,  withheld  by  virtue  of  said  section  of  the  act  afore- 
said, for  and  during  the  said  period  of  time  from  the  third  of 
March,  -eighteen  hundred  and  sixty-five,  to  the  sixth  of  June, 
eighteen  hundred  and  sixty-six. 

Approved  March  1,  1879. 


AN   ACT   for   the  relief  of  soldiers  and  sailors  becoming  totally  blind  in  the 
service  of  their  country. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  act  of 
June  seventeeth,    eighteen  hundred  and    seventy-eight,    entitled 


526  PENSION 


"  An  Act  to  increase  the  pensions  of  certain  soldiers  and  sailors 
who  have  lost  both  their  hands  or  both  their  feet,  or  the  sight  of 
both  eyes,  in  the  service  of  the  country,"  be  so  construed  as  to 
include  all  soldiers  and  sailors  who  have  become  totally  blind 
from  causes  occurring  in  the  service  of  the  United  States. 
Approved  March  8,  1879. 


AN  ACT  for  the  relief  of  certain  pensioners. 

Be  it  enacted  hy  the  Senate  and  House  of  Rejyresentatives  of  the 
United  States  of  America  in  Congress  assembled^  That  all  pen- 
sioners now  on  the  pension-rolls,  or  who  may  hereafter  be  placed 
thereon,  for  amputation  of  either  leg  at  the  hip  joint,  shall  receive 
a  pension  at  the  rate  of  thirty-seven  dollars  and  fifty  cents  per 
month  from  the  date  of  the    approval  of  this  act. 

Approved  March  3,  1879. 


The  following  is  part  of  a  section  enacted  as  a  portion  of  "  An 
Act  making  appropriations  for  the  legislative,  executive,  and  judi- 
cial expenses  of  the  Government  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred   and  eighty,  and   for  other  purposes," 

approved  June  21,  1879: 

Sec.  3.  That  sections  4771,  4772  and  4773  of  the  Revised 
Statutes  of  the  United  States,  providing  for  biennial  examinations 
of  pensioners  are  hereby  repealed:  Provided^  That  the  Commis- 
sioner of  Pensions  shall  have  the  same  power  as  heretofore  to 
order  special  examinations,  whenever,  in  his  judgment,  the  same 
may  be  necessary,  and  to  increase  or  reduce  the  pension  according 
to  right  and  justice;  but  in  no  case  shall  a  perfsion  be  withdrawn 
or  reduced  except   upon   notice  to   the  pensioner  and  a   hearing 

upon  sworn    testimony,    except  as   to  the  certificate  of  the  exam- 

*  *  *  *  * 

inmg  surgeon. 

Chap.  166. — AN  ACT  to  restore  pensions  in  certain  cases. 
Be  it  enacted  ly  the  Senate  and  Home  of  Representatives  of  the 
United  States  of  America  in  Congress  Assembled,  That  section 
3  of  an  act  entitled  "  An  Act  increasing  the  pensions  of  widows 
and  orphans,  and  tor  other  purposes,"  approved  July  twenty-fifth , 
eighteen  hundred  and  sixty-six,  and  section  13  of  an    act   entitled 


LAWS.  527 

"  An  Act  relating  to  pensions,"  approved  July  twenty-seventh, 
eighteen  hundred  and  sixty-eight,  and  section  4712  of  the  Revised 
Statutes,  shall  not  operate  to  reduce  the  rate  ot  any  pension 
which  had  actually  been  allowed  to  the  commissioned,  non-com- 
misioned,  or  petty  officers  of  the  navy  or  tlieir  widows,  or  minor 
children,  prior  to  July  twenty-fifth,  eighteen  hundred  and  sixty- 
six;  and  the  Secretary  of  the  Interior  is  hereby  directed  to  restore 
all  such  pensions  as  have  already  been  so  reduced  to  the  rate 
originally  granted  and  allowed,  to  take  eflPect  from  the  date  of  such 
reduction. 

Approved  June  9,  1880 


Chap.  236. — AN  ACT  to  increase  the  pensioas  of  certain  pensioned  soldiers  and 
sailors  who  are  utterly  helpless  from  injuries  received  or  disease  contracted 
while  in  the  United  States  service. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled,  That  all  soldiers 
and  sailors  .who  are  now  receiving  a  pension  of  fifty  dollars  per 
month,  under  the  provisions  of  an  act  entitled  "  An  Act  to  increase 
the  pension  of  soldiers  and  sailors  who  have  been  totally  disabled," 
approved  June  eighteenth,  eighteen  hundred  and  seventy-four, 
shall  receive,  in  lieu  of  all  pensions  now  paid  them  by  the  Gov- 
ernment of  the  United  States,  and  there  shall  be  paid  them  in  the 
same  manner  as  pensions  are  now  paid  to  such  persons,  the  sum 
of  seventy-two  dollars  per  month. 

Sec.  2.  All  pensioners  whose  pensions  shall  be  increased  by  the 
provisions  of  this  act  from  fifty  dollars  per  month  to  seventy- two 
dollars  per  month  shall  be  paid  the  difference  between  said  sums 
monthly,  from  June  seventeenth,  eighteen  hundred  and  seventy- 
eight,  to  the  time  of  taking  effect  of  this  act. 

Approved  June  16,  1880. 


AN  ACT  making  appropriations  for  the  payment  of  invalid  and  other  pensions  of 
the  United  States  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred 
and  eighty-two,  aud  for  deficiencies  and  for  other  purposes. 

Sec.  2.  All  pensions  payable,  or  to  be  paid  under  this  act,  to 
pensioners  who  are  inmates  of  the  National  Home  for  Disabled 
Volunteer  Soldiers,  shall  be  paid  to  the  treasurer  or  treasurers 
of  said  home,  upon  security  given  to  the  satisfaction. of  the  mana- 
gers, to  be  disbursed  for  the  benefit  of  the  pensioners  without 
deduction  for  fines  or  penalties  under  regulations  to  be  established 


528  PENSION 

by  the  managers  of  tlie  home;  said  payment  to  be  made  by  the 
pension  agent  upon  a  certificate  of  the  proper  officer  of  the  home 
that  the  pensioner  is  an  inmate  thereof  and  is  still  living.  Any 
balance  of  the  pension  which  may  remain  at  the  date  of  the  pen- 
sioner's discharge  shall  be  paid  over  to  him;  and  in  case  of  his 
death  at  the  home,  the  same  shall  be  paid  to  the  widow,  or  children, 
or,  in  default  of  either,  to  his  legal  representatives. 
Approved  February  26,  1881. 


Pension  Laws  Passed  at  the  Last  Session  of  Congress. 

AN  ACT  to  relieve  certain  soldiers  of  the  late  war  from  the  charge  of  desertion. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  tha 
United  States  of  America  in  Congress  assembled.  That  the  charge 
of  desertion  now  standing  on  the  rolls  and  records  in  the  office  of 
Adjutant-General  of  the  United  States  against  any  soldier  who 
served  in  the  late  war  in  the  volunteer  service  shall  be  removed  in 
all  cases  where  it  shall  be  made  to  appear  to  the  satisfaction  of  the 
Secretary  of  War,  from  such  rolls  and  records,  or  from  other  satis- 
factory testimony,  that  any  such  soldier  served  faithfully  until  the 
expiration  of  his  term  of  enlistment,  or  until  the  22d  day  of  May, 
anno  Domini  1865,  or  was  prevented  from  completing  his  term  of 
service  by  reason  of  wounds  received  or  disease  contracted  in  the 
line  of  duty,  but  who,  by  reason  of  absence  from  his  command  at 
the  time  the  same  was  mustered  out,  failed  to  be  mustered  out  and 
to  receive  an  honorable  discharge. 

Sec.  2.  That  the  charge  of  desertion  standing  on  the  rolls  and 
records  in  the  office  of  the  Adjutant-General  of  the  United  States 
against  any  soldier  who  served  in  the  late  war  in  the  volunteer 
service  shall  also  be  removed  in  all  cases  where  it  shall  be  made  to 
appear  to  the  satisfaction  of  the  Secretary  of  War,  from  such  rolls 
and  records,  or  from  other  satisfactory  testimony,  that  such  soldier 
charged  with  desertion  or  with  absence  without  leave  did  not  in- 
tend to  desert,  and  after  such  charge  of  desertion  or  absence  with- 
out leave  voluntarily  returned  to  his  command  and  served  in  the 
line  of  his  duty  until  he  was  mustered  out  of  the  service  and  re- 
ceived a  certificate  of  honorable  discharge. 

Sec.  3.  That  in  all  cases  where  the  charge  of  desertion  shall  be 
removed  under  the  provisions  of  this  act  from  the  record  of  any 
soldier  who  has  not  received  a  certificate  of  discharge,  it  shall  be 
the  duty  of  the  Adjutant-General  of  the  Uiiited  States  to  issue  to 


LAWS.  529 

such  soldier,  or,  in  case  of  his  death,  to  his  heirs  or  legal  repre- 
sentatives, a  certificate  of  discharge. 

Sec.  4.  That  when  the  charge  of  desertion  shall  be  removed 
under  the  provisions  of  this  act  from  the  record  of  any  soldier, 
such  soldier,  or,  in  the  case  of  his  death,  tlie  heirs  or  legal  repre- 
sentatives of  such  soldier,  shall  receive  all  pay  and  bounty  which 
may  have  been  withheld  on  account  of  such  charge  of  desertion 
or  absence  without  leave:  Provided^  however^  That  this  act  shall 
not  be  so  construed  as  to  give  to  any  such  soldier  as  may  be 
entitled  to  relief  under  tlie  provisions  of  this  act,  or,  in  case  of  his 
death,  to  the  heirs  or  legal  representatives  of  any  such  soldier,  the 
right  to  receive  pay  and  bounty  for  any  period  of  time  during 
which  sucli  soldier  was  absent  from  his  command  without  leave  of 
absence:  And  provided  further,  That  no  soldier  nor  the  heirs  nor 
legal  representatives  of  any  soldier,  who  served  in  the  army  a 
period  of  less  than  twelve  months,  0]>who  intentionally  deserted, 
shall  be  entitled  to  the  benefit  of  the  provisions  of  this  act. 

Sec.  5.  That  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Approved  August  7,  1882. 


AN  ACT  to  amend  section  4702,  title  57,  of  the  Revised  Statutes  of  the  United 
States,  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  section  4702,  title  57,  of  the  Ke vised 
Statutes  of  the  United  States  is  hereby  amended  so  as  to  read  as 
follows: 

"  Section  4702.  If  any  person  embraced  within  the  provisions 
of  sections  4692  and  4693  has  died  since  the  4th  day  of  March, 
1861,  or  hereafter  dies,  by  reason  of  any  wound,  injury,  or  disease 
which,  under  the  conditions  and  limitations  of  such  sections,  would 
have  entitled  him  to  an  invalid  pension  had  he  been  disabled,  his 
widow,  or  if  there  be  no  widow,  or  in  case  of  her  death  without 
payment  to  her  of  any  part  of  the  pension  hereinafter  mentioned, 
his  child  or  children  under  sixteen  years  of  age  shall  be  entitled 
to  receive  the  same  pension  as  the  husband  or  father  would  have 
been  entitled  to  had  he  been  totally  disabled,  to  commence  from 
the  death  of  the  husband  or  father,  to  continue  to  the  widow 
during  her  widowhood,  and  to  his  child  or  children  until  they 
severally  attain  the  age  of  sixteen  years,  and  no  longer;  and  if 
the  widow  remarry,  the  child  or  children  shall  be  entitled  from  the 
34 


530  PENSION 

date  of  remarriage,  except  when  such  widow  has  continued  to 
draw  the  pension-money  after  her  remarriage,  in  contravention  of 
law,  and  such  child  or  children  have  resided  with  and  been  sup- 
ported by  her,  their  pension  will  commence  at  the  date  to  which 
the  widow  was  last  paid. " 

"  SeCo  2.  That  marriages,  except  such  as  are  mentioned  in  sec- 
tion 4705  of  the  Revised  Statutes,  shall  be  proven  in  pension 
cases  to  be  legal  marriages  according  to  the  law  of  the  place  • 
where  the  parties  resided  at  the  time  of  marriage  or  at  a  time  when 
the  right  to  pension  accrued,  and  the  open  and  notorious  adulter- 
ous cohabitation  of  a  widow  who  is  a  pensioner  shall  operate  to 
terminate  her  pension  from  the  commencement  of  such  cohabi-, 
tation." 

Approved  August  7,  1882. 

[The  above  law  extends  the  arrears  act  and  continues  it  in  forcCy 
so  far  as  widows'  claims  are  concerned.] 


IN  THE  ACT  making  appropriation  for  the  payment  of  invalid  and  other 
pensions  of  the  United  States  for  the  fiscal  year  ending  June  30,  1883,  and 
for  other  purposes,  are  the  following  amendments  • 

Sec.  2.  That  section  4744,  title  57,  of  the  Eevised  Statutes  of 
the  United  States  is  hereby  amended  to  read  as  follows: 

"  Sec.  4744.  The  Commissioner  of  Pensions  is  authorized  to 
detail  from  time  to  time  clerks  or  persons  employed  in  his  office  to 
make  special  examinations  into  the  merits  of  such  pension  or 
bounty-land  claims,  whether  pending  or  adjudicated,  as  he  may 
deem  proper,  and  to  aid  in  the  prosecution  of  any  party  appearing 
on  such  examination  to  be  guilty  of  fraud,  either  in  the  presenta- 
tion or  in  procuring  the  allowance  of  such  claims;  and  any  person 
so  detailed  shall  have  power  to  administer  oaths  and  take  affidavits 
and  depositions  in  the  course  of  such  examinations,  and  to  orally 
examine  witnesses,  and  may  employ  a  stenographer  when  deemed 
necessary  by  the  Commissioner  of  Pensions  in  important  cases, 
such  stenographer  to  be  paid  by  such  clerk  or  person,  and  the 
amount  so  paid  to  be  allowed  in  his  accounts." 

Sec.  3.  "That  in  addition  to  the  authority  conferred  by  section 
184,  title  4,  of  the  Revised  Statutes,  any  judge  or  clerk  of  any 
court  of  the  United  States  in  any  State,  District,  or  Territory  shall 
have  power,  upon  the  application  of  the  Commissioner  of  Pensions, 
to  issue  a  subpoena  for  a  witness,  being  within  the  jurisdiction  of 


LAWS.  531 

such  court,  to  appear,  at  a  time  and  place  in  the  subpoena  stated 
before  any  officer  authorized  to  take  depositions  to  be  used  in  the 
courts  of  the  United  States,  or  before  any  officer,  clerk,  or  person 
from  the  Pension  Bureau  designated  or  detailed  to  investigate  or 
examine  into  the  merits  of  any  pension  claim  and  authorized  by 
law  to  administer  oaths  and  take  affidavits  in  such  investigation  or 
examination,  there  to  give  full  and  true  answers  to  such  written 
interrogatories  and  cross-interrogatories  as  may  be  propounded,  or 
to  be  orally  examined  and  cross-examined  upon  the  subject  of  such 
claim;  the  witnesses  subpoenaed  pursuant  to  this  and  the  preced- 
ing section  shall  be  allowed  the  same  compensation  as  is  allowed 
witnesses  in  the  courts  of  the  United  States,  and  paid  in  the  same 
manner." 

Sec.  4.  That  the  Commissioner  of  Pensions  is  hereby  authorized 
to  appoint  surgeons,  who,  under  his  control  and  direction,  shall 
make  such  examination  of  pensioners  and  claimants  for  pension  or 
increased  pension  as  he  shall  require;  and  he  shall  organize 
boards  of  surgeons,  to  consist  of  three  members  each,  at  such 
points  in  each  State  as  he  shall  deem  necessary,  and  all  examina- 
tions, so  far  as  practicable,  shall  be  made  by  the  boards,  and  no 
examination  shall  be  made  by  one  surgeon  excepting  under  such 
circumstances  as  make  it  impracticable  for  a  claimant  to  present 
himself  before  a  board :  Provided^  That  the  Commissioner  may, 
when  in  his  opinion  the  exigencies  of  the  service  may  require  it, 
organize  a  board  of  three  surgeons  who,  under  his  directions,  shall 
review  the  work  of  any  regularly  appointed  board  or  surgeon: 
Provided  further^  That  all  examinations  shall  be  thorough  and 
searching,  and  the  certificate  contain  a  full  description  of  the  phys- 
ical condition  of  the  claimant  at  the  time,  which  shall  include  all 
the  physical  and  rational  signs  and  a  statement  of  structural 
changes. 

The  fee  for  each  examination,  and  satisfactory  certificate  thereof, 
shall  be  $2  to  each  member  when  made  by  a  board,  and  $2  when 
made  by  one  surgeon  :  Provided^  That  when  a  claimant  is  so  disa- 
bled as  not  to  be  able  to  present  himself  to  a  board  of  surgeons  for 
examination,  the  Commissioner  may  order  a  surgeon  to  make  the 
examination  at  the  claimant's  residence,  and  the  fee  for  such 
examination  shall  be  $2  in  addition  to  the  payment  of  the  actual 
traveling  expenses  of  the  surgeon:  Provided  further^  That  no  fee 
shall  be  allowed  or  paid  to  any  member  of  such  board  of  examining 
surgeons  who  does  not  actually  participate  in  such  examination  and 
sign  the  certificate  thereof. 


532  PENSION    LAWS. 

The  Commissioner  may,  when  in  his  judgment  the  degree  of 
disability  cannot  be  determined  truthfully  or  satisfactorily  except- 
ing by  expert  examination,  employ  an  expert,  not  a  regularly 
appointed  surgeon,  to  make  the  examination,  and  the  fee  for  such 
examination  shall  be  $5  :  Provided,  That  the  fee  for  an  expert 
examination  shall  not  be  paid  to  any  regularly  appointed  examin- 
ing surgeon. 

The  fee  for  the  examination  of  claimants  who  reside  out  of  the 
United  States  shall  not  exceed  $10,  which  shall  be  paid  upon  the 
presentation  of  satisfactory  vouchers,  out  of  the  appropriation  for 
the  payment  of  the  examining  surgeons,  and  through  the  United 
States  consulate  nearest  to  the  claimant's  place  of  residence. 

Sec.  5.  That  no  person  who  is  now  receiving  or  shall  hereafter 
receive  a  pension  under  a  special  act  shall  be  entitled  to  receive  in 
addition  thereto  a  pension  under  the  general  law,  unless  the  spe- 
cial act  expressly  states  that  the  pension  granted  thereby  is  in  addi- 
tion to  the  pension  which  said  person  is  entitled  to  receive  under 
the  general  law. 

Approved  July  25,  1882. 


AN  ACT  to  amend  section  4766  of  the  Revised  Statutes  of  the  United  States. 

Beit  enacted,  etc.,  That  section  4766,  title  57,  of  the  Revised 
Statutes  of  the  United  States  is  hereby  amended  so  as  to  read  as 
follows  : 

"Sec.  4796.  Hereafter  no  pension  shall  be  paid  to  any  person 
other  than  the  pensioner  entitled  thereto,  nor  otherwise  than 
according  to  the  provisions  of  this  title;  and  no  warrant,  power  of 
attorney,  or  other  paper  executed,  or  purporting  to  be  executed,  by 
any  pensioner  to  any  attorney,  claim  agent,  broker,  or  other  per- 
son shall  be  recognized  by  any  agent  for  the  payment  of  pensions, 
nor  shall  any  pension  be  paid  thereon;  but  the  payment  to  persons 
laboring  under  legal  disabilities  may  be  made  to  the  guardians 
of  such  persons  in  the  manner  herein  prescribed,  and  pensions 
payable  to  persons  in  foreign  countries  may  be  made  according 
to  the  provisions  of  existing  laws:  Provided,  That  in  case  of 
an  insane  invalid  pensioner  having  no  guardian,  but  having  a 
wife  or  children  dependent  upon  him  (the  wife  being  a  woman  of 
good  character),  the  Commissioner  of  Pensions  is  hereby  author- 
ized, in  his  discretion,  to  cause  the  pension  to  be  paid  to  the  wife, 
uuon  her  properly  executed  voucher,  or,  in  case  there  is  no  wife,  to 


BOUNTY.  533 

the  guardian  of  the  chiklren,  upon  the  properly  executed  voucher 
of  such  guardian,  and  in  like  manner  to  cause  the  pension  of  inva- 
lid pensioners  who  are  or  may  hereafter  be  imprisoned  as  punish- 
ment for  offenses  against  the  laws  to  be  paid  while  so  imprisoned 
to  their  wives  or  the  guardians  of  their  children.  And  pensions  to 
Indian  pensioners  residing  in  the  Indian  Territory  may  be  paid  in 
person  by  the  pension  agent,  upon  a  suitable  voucher,  at  some  con- 
venient point  in  said  Territory,  which,  together  with  the  form  and 
manner  of  identification  of  the  pensioners,  may  be  prescribed  by  the 
Secretary  of  the  Interior,  such  payments  to  be  made  in  standard  sil- 
ver at  least  once  in  each  current  year.  And  payments  in  person  shall 
be  made  to  the  pensioner,  in  cash,  by  the  pension  agent  whenever 
in  the  discretion  of  the  Commissioner  of  Pensions  such  personal 
payment  shall  be  by  him  deemed  necessary  or  proper  to  secure  to 
the  pensioner  his  rights;  and  the  necessary  and  actual  expenses  of 
such  pension  agent  in  making  such  payment  shall  be  paid  by  the 
Secretary  of  the  Interior  upon  properly  executed  vouchers,  out  of  the 
contingent  fund  appropriated  for  the  use  of  the  pension  office. 
The  Commissioner  of  Pensions  may,  when  in  his  judgment  it  shall 
be  deemed  necessary  or  proper,  visit  in  person  for  the  purpose  of 
examination  and  inspection,  or  may  send  any  one  or  more  of  the 
officers  of  his  bureau  for  that  purpose,  any  of  the  pension  agen- 
cies or  medical  examining  boards  or  surgeons;  and  the  necessary 
and  actual  expenses  of  such  visits  shall  be  paid  by  the  Secretary  of 
the  Interior,  upon  properly  executed  vouchers,  out  of  the  contin- 
gent fund  of  said  bureau." 
Approved  August  8,  1882. 

[  The  foregoing  are  all  the  laws  necessary  for  pensioners,  and  persons  entitled 
to  military  bounty,  the  omitted  sections  relating  to  offlcers  and  duties  of  pension 

3-] 


BOUNTY. 

The  following  is  a  brief  synopsis  of  the  bounty  laws: 

1.  Volunteers  who  enlisted  before  July  22, 1861,  for  three  years, 
and  who  were  mustered  into  the  service  before  August  6,  1861, 
are  entitled  to  $100  bounty.  This  is  not  payable  to  soldiers  dis- 
charged by  way  of  favor,  or  for  promotion,  and  does  not  go  to 
heirs. 

2.  Volunteers  who  enlisted  for  two  and  three  years,  between 
April  12,  1861,  and  December  24,  1863,  or  between  April  1,  1864, 


584  BOUNTY. 

and  July  18,  1864,  are  entitled  to  SlOO  bounty,  }3rovided  they 
actually  served  two  years  or  more  as  enlisted  men,  or  were 
discharged  before  serving  two  years  on  account  of  wounds  received 
in  line  of  duty  (see  paragraph  9).  If  the  soldier  was  discharged 
before  serving  two  years  on  account  of  disease.,  he  is  not  entitled 
to  bounty.  If  after  his  discharge  for  disease  before  serving  two 
years,  the  soldier  died  before  July  28,  1866,  his  heirs  are  entitled 
to  $100  bounty. 

3.  Soldiers  who  enlisted  for  and  served  three  years  after  April 
19,  1861,  are  entitled  to  $100  additional  bounty,  and  those  who 
enlisted  for,  and  served  two  years  after  April  14,  1861,  are  entitled 
to  $50  additional  bounty.  This  bounty  is  not  payable  to  a  soldier 
who  is  entitled  to  a  greater  bounty  than  $100. 

4.  Volunteer  recruits  who  enlisted  between  October  24,  1863, 
and  April  1,  1864,  for  three  years  in  old  organizations  already  in 
the  field,  or  who  enlisted  between  December  24,  1863,  and  April  1, 
1864,  for  three  years  in  a  new  organization,  are  entitled  to  a  bounty 
of  $300. 

5.  Volunteers  who  enlisted  between  July  18,  1864,  and  April 
30,  1865,  are  entitled  to  $100  bounty  for  each  year's  service. 

6.  Soldiers  who  were  discharged  after  nine  months  consecutive 
service  were  permitted  after  January  1,  1863,  and  before  April  1, 
1864,  to  re-enlist  and  become  veterans,  but  if  discharged  to  re-enlist 
in  the  same  regiment,  they  must  have  previously  served  two  years. 
Veterans  are  entitled  to  $400  bounty. 

The  bounty  described  in  paragraphs  4,  5,  and  6  was  paid  in 
installments  during  the  service,  and  nearly  every  man  got  his 
money. 

7.  Where  the  soldier  is  dead,  his  heirs  are  entitled  to  the  bounty 
due  for  his  service,  except  paragraph  1. 

8.  No  bounty  is  paid  for  enlistments  jpi'ior  to  April  12,  1861, 
nor  after  April  30,  1865.  Drafted  men  and  substitutes  enrolled 
between  March  3,  1863,  and  September  5,  1864,  for  three  years, 
are  entitled  to  $100  bounty.  This  is  the  only  bounty  to  which 
they  are  entitled. 

9.  Soldiers  discharged  before  serving  their  full  term  of  enlist- 
ment on  account  of  wounds  or  injuries^  are  entitled  to  the  full 
bounty  due  for  their  enlistments.  Any  physical  injury,  whether 
caused  by  v'iolence,  accident,  or  wound  received  in  battle,  is  a 
"wound"'  under  the  law. 

For  forms  of  application  for  pensions  apply  to  any  ])ensidn 
agent,  or  to  the  Commissioner  of  Pensions^  Washington,  D.  C 


CHAPTER  XIX. 


COMMON  CARRIERS. 

Carriage  is  either  inland  or  marine.  Carriers  upon  tlie  ocean, 
and  upon  arms  of  the  sea,  are  marine  carriers;  all  others  are  inland 
carriers. 

A  carrier  of  persons  for  rewara  must  use  the  utmost  care  and 
diligence  for  their  safe  carriage,  and  must  provide  everything 
necessary  for  that  purjjose,  and  must  exercise  a  reasonable  degree 
of  skill. 

A  carrier  of  persons  for  reward  is  bound  to  provide  safe  and 
proper  vehicles  for  that  purpose,  and  is  not  excused  by  any  degree 
of  care  for  failure  in  this  respect;  nor  must  he  over-crowd  or  over- 
load his  vehicle. 

He  must  give  to  his  passengers  all  such  accommodations  as  are 
usual  and  reasonable;  must  treat  them  with  civility  and  give  them 
a  reasonable  degree  of  attention,  and  must  travel  at  a  reasonable 
rate  of  speed  and  without  unreasonable  delay,  or  deviation  from  his 
proper  route. 

Property  carried  is  called  freight;  the  pay  for  it  is  called 
freightage;  the  person  who  delivers  freight  to  the  carrier  is  ca,lled 
the  consignor,  and  the  person  to  whom  it  is  to  be  delivered  is  called 
the  consignee. 

A  carrier  of  freight  for  reward  must  use  ordinary  diligence  in 
the  performance  of  all  his  duties;  while  a  carrier  of  freight  without 
reward  must  use  some  care  and  diligence.  He  must  deliver  the 
freight  to  the  consignee  at  the  place  to  which  it  is  addressed,  and 
in  the  manner  usual  at  that  place. 

If  there  is  no  usage  to  the  contrary  at  the  place  of  delivery, 
freight  must  be  delivered  as  follows: 

1.  If  carried  upon  a  railway  owned  or  managed  by  the  carrier, 
it  may  be  delivered  at  the  railroad  station  nearest  to  the  place  to 
which  it  is  addressed. 

2.  If  carried  by  sea  from  a  foreign  country,  it  may  be  delivered 
at  the  wharf  where  the  ship  moors,  within  a  reasonable  distance 

(535) 


536  -    COMMON    CAKEIEKS. 

from  the  place  of  address,  or  if  there  be  no  wharf,  on  board  a 
lighter  alongside  the  ships. 

3.  In  other  cases,  it  must  be  delivered  to  the  consignee  or  his 
agent,  personally,  if  either  can  be  found;  or  it  may  be  stored  and 
the  consignee  notified  of  the  fact  of  such  storage. 

Freight  is  liable  for  its  own  freightage  and  the  carrier  has  a  lien 
upon  the  freight  until  such  freightage  is  paid. 

Freightage  can  not  be  charged  upon  the  natural  increase  of 
freight. 

The  consignee  is  liable  for  freight  if  he  accept  it  with  notice  that 
the  consignor  intended  he  should  pay  it. 

A  carrier  of  messages  for  pay  must  use  great  care  and  diligence 
in  transmitting  and  delivering  such  messages;  and  a  carrier  hy 
telegraph  inust  use  the  utmost  diligerhce  in  hoth  the  transmission 
and  delivery  of  telegraphic  messages. 

A  COMMON  CARRIER  IS  evevy  person^  firm,  or  corporation  who 
offers  to  the  public  to  carry  persons,  property  or  messages  of  what- 
ever he  or  they  thus  offer  to  carry;  and  must,  if  the  vehicle  or  car- 
riage be  not  full,  accept  and  carry  whatever  he  undertakes  publicly 
and  is  accustomed  to  carry,  when  offered  to  him  or  them  at  a  rea- 
sonable time  and  place. 

A  common  carrier  Ga7i  not  legally  give  preference  in  time,  price, 
or  otherioise  to  one  perso7i  over  another,  unless  expressly  authorized 
so  to  do  hy  statute,  or  when  he  carries  for  the  State  or  the  United 
States. 

When  carrying  persons,  he  must  provide  every  passenger  with 
a  seat,  and  must  carry  the  passenger's  luggage  and  deliver  it  at 
its  destination  to  the  passenger  to  whom  it  belongs;  but  he  may 
require  the  fare  of  passengers  and  luggage  exceeding  the  pre- 
scribed weight,  either  before    starting  or  at  any  subsequent  time. 

A  passenger  who  refuses  to  pay  his  fare,  or  to  conform  to  any 
lawful  regulation  of  the  carrier,  may  be  ejected  from  the  vehicle 
by  the  carrier,  but  with  as  little  violence  as  possible,  and  at  any 
usual  stopping  place,  or  near  some  dwelling-house.  After  ejecting 
a  passenger,  a  carrier  has  no  right  to  require  the  payment  of  any 
part  of  the  passenger's  fare. 

A  common  carrier  has  a  lien  upon,  and  may  retain,  the  luggage 
of  a  passenger  for  the  ])ayment  of  such  fare  as  he  is  entitled  to, 
for  the  tri]). 

A  carrier  ot  messages  by  telegraph,  must  transmit  every  mes- 
sage immediately  upon  its   receipt,  if  practicable;  but  if  several 


COMMON    CARRIERS.  537 

messages  accumulate  upon  his  hands,  he  must  transmit  them  in  the 
following  order: 

1.  Messages  from  public  agents  of  the  United  States,  or  of  his 
own  State,  on  public  business; 

2.  Messages  intended  in  good  faith  for  immediate  publication  in 
newspapers  and  not  for  secret  use; 

3.  Messages  giving  information  relating  to  tlie  sickness  or  death 
of  any  person; 

4.  Other  messages  in  the  order  in  which  they  were  received. 
He  is  liable  to  damages  for  neglecting  or  postponing  a  message 

contrary  to  the  above,  when  he   shall  have  received  payment  for 
transmitting  the  same. 

Common  carriers,  and  all  other  persons,  are  responsible  for  the 
consequences  of  their  own  willful  and  negligent  acts;  and  also  for 
the  willful  and  negligent  acts  of  their  agents,  done  in  discharging 
the  business  of  their  employers. 

Owners  of  steamboats  who  tow  vessels,  and  private  individuals 
who  may  agree  to  convey  a  man's  goods  on  a  special  occasion  are 
not  liable  as  common  carriers. 

Owners  of  stages,  hackney-coaches,  and  other  vehicles  for  car- 
rying passengers  with  their  baggage  or  luggage  are  liable  as 
common  carriers  for  baggage  or  luggage  intrusted  to  their  care, 
but  not  for  goods,  unless  under  a  special  agreement. 

Common  carriers  are  liable  for  the  entire  value  of  the  goods  if 
not  delivered  to  the  proper  person,'  except  a  pirate  or  other  public 
enemy  destroys  or  captures  them,  or  the  act  of  God  (against  which 
foresight  can  not  provide  nor  human  power  withstand)  destroys 
them.  They  are  not  liable  for  inevitable  losses  caused  by  light- 
nings, storms,  hurricanes,  eartliquakes,  the  ordinary  decay  of  per- 
ishable goods,  spontaneous  combustion,  leakage  of  casks,  or  the 
carelessness  of  shippers.  Against  all  other  perils  the  carrier  is 
held  as  an  insurer.  If  a  mob  seize  the  goods,  the  carrier  is  held. 
Any  passenger-line  in  the  habit  of  carrying  goods  for  hire,  is  un- 
der the  carrier  laws.  If  a  stage-driver,  or  person  going  along  in 
the  conveyance,  takes  money  or  goods  to  carry  for  his  own  profit, 
he  alone  is  responsible;  it  is  the  same  if  he  went  in  a  railroad  car, 
steamboat,  etc.,  which  takes  passengers  only. 

To  make  the  owner  or  master  of  a  vessel  liable  as  a  common 
carrier,  she  must  be  open  to  transport  anybody's  goods  to  the  port 
agreed  on — no  matter  whether  there  be  one  shipper  or  many,  or 
whether  she  be  in  the  home,  foreign,  coasting,  river,  or  ocean  ser- 


538  COMMON  CAERIEKS. 

vice;  but  a  ship  that  carries  only  for  one  or  more  particular  indi- 
viduals comes  not  under  the  carrier  laws,  nor  does  an  owner  who 
lets  the  tonnage  to  particular  shippers.  If  the  owners  charter  a 
vessel  to  certain  persons  for  a  voyage  at  a  specitied  freight,  they 
are  common  carriers,  unless  the  terms  of  the  charter  party  relieve 
them. 

Carriers  are  responsible  for  the  acts  of  all  persons  in  their  em- 
ploy; the  act  of  the  agent  or  servant  is  deemed  to  be  the  act  of  the 
principal  and  master.  Injuries  done  to  the  goods  by  strangers 
must  be  made  up  by  the  carrier.  He  is  liable  for  accidental  fires, 
thefts  and  robberies;  the  goods  must  be  delivered  as  directed,  in 
the  same  good  order  in  which  they  were  intrusted  to  him. 

The  common  carrier  must  receive  all  such  goods  as  are  offered 
for  the  place  to  which  he  carries,  from  anybody  willing  to  pay  the 
regular  or  a  reasonable  freight  charge;  proof  of  readiness  and 
willingness  to  pay  is  enough,  though  it  might  be  advisable  to  ten- 
der the  charges  if  a  suit  is  intended.  The  carrier  may  refuse  if  he 
is  full,  or  the  goods  are  dangerous  to  be  carried,  or  until  he  is 
ready  to  receive  them,  or  if  they  are  goods  it  is  not  his  custom  to 
carry,  or  for  a  good  reason.  When  he  takes  freight,  he  must  de- 
liver it  in  a  reasonable  time;  his  ship  should  be  seaworthy,  and 
properly  furnished  and  manned,  and  he  must  loroceed  to  the  port 
advertised  or  otherwise  agreed  on. 

A  carrier  is  not  liable  for  loss  by  a  river  or  canal  freezing  up, 
during  his  voyage,  unless  he  neglected  to  use  due  diligence;  nor 
for  the  leakage  of  a  ship  strained  in  a  storm,  nor  for  losses  from 
collision  of  his  ship  with  another,  unless  he  was  negligent;  but 
for  losses  by  theft  and  robbery,  and  for  all  felonies  except  piracy, 
he  is  liable. 

The  carrier  is  liable  for  goods  the  moment  they  are  delivered  to 
him;  any  delivery,  in  which  he  specially  accepts  the  goods,  binds 
him;  acceptance  is  frequently  implied  and  binding  from  the  usage 
of  business.  Where  a  carrier  receives  his  freight,  even  at  the 
shipper's  warehouse  or  that  of  his  agent,  and  takes  it  in  charge,  if 
that  be  the  usage,  it  binds  him. 

He  is  not  liable  for  goods  left  in  the  yard  of  an  inn,  where  sev- 
eral carriers  put  up,  and  not  actually  delivered  to  him.  For  goods 
delivered  at  a  wharf  to  some  unknown  person,  of  which  the 
wharfinger  had  no  knowledge,  he  was  held  not  liable. 

When  goods  have  reached  the  destined  place,  they  must  be  de- 
livered to  the  proper  person,  or  deposited  in  the  proper  place,  and 


COMMON   CAERIEES.  539 

the  consignee,  or  one  entitled  to  receive  tliem,  duly  notified.  If 
lie  accepts  the  delivery,  the  carrier  is  no  longer  liable.  In  some 
instances  the  local  usage,  or  the  custom  of  particular  carrying- 
trades,  in  the  absence  of  express  directions  from  the  shippers,  reg- 
ulates the  delivery;  but  if  there  is  a  special  contract,  it  must  be 
fulfilled 

If  the  carrier  of  a  line  from  Boston  to  New  York  takes  goods 
to  be  forwarded  to  Philadelphia  by  a  particular  conveyance,  his 
liability  ceases,  as  carrier,  when  they  are  safely  deposited  at  New 
York,  and  ready  for  such  next  conveyance;  but  if  he  takes  goods 
to  forward  to  places  beyond  the  extent  of  his  own  line,  he  is 
answerable  as  carrier  to  the  place  of  final  destination. 

A  carrier  is  answerable  for  losses  from  deposits  or  storage  of 
goods  on  the  route;  but  if  goods  are  left  in  his  possession  beyond 
a  reasonable  time,  he  is  only  bound  to  take  ordinary  care.  If  he 
delivers  goods  under  a  mistake  of  his  own,  or  of  fraud  on  the  part 
of  others  (other  tlian  the  owners  or  shippers),  he  must  make  good 
the  value  to  the  owner. 

No  contract,  no  public  or  personal  notice,  will  exempt  the  car- 
rier of  goods  from  losses  caused  by  his  or  his  agents'  neglect  or 
fraud;  but  any  notice  of  the  carrier  (if  the  shipper  can  be  proved 
to  have  read  it  or  known  of  its  existence,  and  not  otherwise)  that 
he  will  not  take  goods  of  great  value,  or  that  he  will  not  pay  more 
than  a  specified  sum  unless  specially  informed  of  such  value  and 
paid  in  proportion  to  the  risk,  is  good.  An  ambiguous  notice  will 
be  construed  against  the  carrier.  Notices  at  each  end  of  a  route 
will  not  bind  those  who  ship  goods  at  intermediate  places,  unless 
specially  made  known  to  them.  A  personal  notice  to  the  princi- 
pal is  binding  on  all  his  agents  who  may  forward  by  the  same 
line.  A  carrier  can  not,  by  any  transfer  of  the  goods  to  another 
carrier,  exempt  liimself ;  if  he  forward  in  another  mode  than  that 
understood,  he  will  be  liable,  in  cases  where  his  notice  would  have 
otherwise  protected  him. 

If  the  owner  of  goods  mislead  the  carrier  as  to  their  value,  or 
make  false  statements  calculated  to  lessen  his  vigilance,  it  is  a  fraud 
upon  him. 

Where  there  is  no  notice,  or  special  contract  of  limitation,  it  is 
enough  for  the  owner  to  show  the  carrier's  undertaking  the  car- 
riage of  his  goods,  and  a  non-delivery.  The  carrier  must  show 
why  he  did  not  deliver;  but  when  there  is  a  notice,  the  owner 
must  show  a  want  of  ordinary  prudence  in  the  carrier.     A  valid 


540  COMMON  CAKKIERS. 

seizure  of  goods  because  of  an  illegal  act  of  the  owner,  will  excuse 
a  non-delivery;  but  tlie  seizure  must  be  valid,  or  the  carrier  will 
be  liable.  The  carrier  has  legal  power  sufficient  to  put  any  claim- 
ant to  the  proof  as  to  his  title  to  take  the  goods;  if  he  neglect  to 
use  that  power  he  is  liable.  In  case  of  stolen  goods,  the  carrier 
must  deliver  them  to  the  owner  on  demand. 

"When  goods  are  sent  by  water,  and  it  becomes  necessary  to 
throw  a  part  overboard,  thereby  to  save  the  rest,  the  loss  is  to  be 
general.  When  one  shipper's  goods  are  thus  destroyed,  and  those 
of  others  saved,  the  loser  may  demand  a  contribution  from  all  the 
others,  and  from  the  ship-owners,  and  the  party  entitled  to  freight 
in  such  equitable  amount  as  will  subject  him  only  to  his  fair  pro- 
portion of  the  loss  according  to  the  value  of  goods  he  had  shipped. 
Land -carriers,  when  inevitable  perils  oblige  them  to  incur  unusual 
charges,  may  demand  payment  by  an  equitable  contribution. 

The  carrier  has  a  right  to  demand  payment  when  he  receives 
the  goods.  He  may  refuse  to  take  them  if  not  so  paid;  but  if  he 
take  them,  to  be  paid  at  the  end  of  the  route,  he  may  retain  them 
till  paid,  on  his  arrival  there.  He  may  waive  this  lien  by 
agreement,  in  which  case  his  charges  become  a  simple  debt.  As 
a  general  rule,  the  consignor  is  bound  for  the  freight;  but  the  con- 
signee, if  he  engage  to  pay,  is  also.  Nautical  usages  have  often 
become,  by  the  decisions  of  courts,  positive  law.  Diiferent  States 
have  passed  local  laws  to  regulate  their  navigation;  if  a  carrier 
break  any  of  these  rules  to  the  loss  of  a  shipper,  he  is  liable. 

In  the  States  of  New  York  and  Ohio,  special  notices  and 
special  contracts,  by  common  carriers,  are  held  to  be  against  the 
policy  of  the  law,  and  therefore  utterly  void.  The  courts  also 
hold  that  the  notice  that  "  all  baggage  is  at  the  risk  of  the  owner" 
is  a  nullity;  but  the  carrier  may  require  the  shipper  to  disclose 
the  nature  and  value  of  the  property,  or  make  a  special  accept- 
ance. 

Warehousemen,  wharfingers,  and  private  carriers,  are  only 
bound  to  use  ordinary  care  and  diligence,  and  are  liable  but  for 
gross  negligence  or  bad  faith. 

Common  carriers  are  bound  to  carry  passengers  safely  and  prop- 
erly to  their  place  of  destination;  to  use  the  utmost  skill,  care, 
and  diligence;  and  are  responsible  for  the  least  neglect.  If  an  ac- 
cident hap])eo,  it  falls  to  the  carrier  to  show  that  it  was  not  his 
fault.  All  who  seek  a  passage  are  to  be  treated  with  impartiality, 
but  must  pay  in  advance,  if  required,  and   submit  to   reasonnble 


COMMON   CAERIEES.  5-il 

rules  for  the  general  convenience  and  comfort.  Persons  of  coarse, 
rude  conduct,  or  of  suspicious  or  notoriously  bad  character,  may 
be  refused. 

The  conveyance  must  be  suitable  for  the  passage,  having  skillful, 
prudent,  faithful  conductors  and  servants.  If  by  water,  the  vessel 
must  be  seaworthy,  with  a  competent  crew.  His  baggage  must 
be  duly  delivered  to  the  passenger,  or  the  carrier  must  keep  it  for 
him  a  reasonable  time 

In  case  of  a  coachman,  if  he  be  rash,  careless,  races  violently, 
or  by  want  of  caution  runs  foul  of  anything,  and  an  accident  hap- 
pen, the  proprietors  are  liable.  The  baggage  he  may  detain  for 
unpaid  fare. 


Form  of  Receipt  by  a  Cominon  Carrier. 

TRIPLICATE. 

OREGOX  RAILWAY  AND  NAVIGATION  CO. 


188-. 


Received  from ,  in  apparent  good  order,  the  following 

described  packages  (contents  and  value  unknown),  by  the  ORE- 
GON RAILWAY  &  NAVIGATION  CO.,  marked  and  numbered 
as  below,  subject  to  the  conditions  and  regulations  of  the  published 
tarifi  of  said  company,  to  be  transported  by  said  company  over 
the  company's  line  of  transportation  to  the  freight  station,  wharf 
or  landing  at  destination,  and  delivered  in  like  good  order  to 
the  consignee  or  owner  AT  SAID  STATION,  WHARF  OR 
LANDING,  or,  if  the  same  are  to  be  forwarded  beyond  the  line  of 
the  OREGON  RAILWAY  &  NAVIGATION  CO.,  to  such  com- 
pany or  carriers,  whose  line  may  be  considered  a  part  of  the  route, 
to  the  place  of  destination  of  said  goods  or  packages. 


MARKS. 

Consignee  and  Destination. 


ARTICLES. 


WEIGHT. 

Subject  to  Condition. 


Common  carriers  should  be  prohibited  by  law  from  discrimi- 
nating against  persons  and  places;  and  also  from  charging  higher 
prices  for  hauling  passengers  or  freight  a  less  distance  than  for  a 
greater;  and  if  Congress  would  pass  such  a  law,  relating  to  rail- 
roads and  all  inter-state  travel  and  commerce,  a  lasting  benefit 
would  be  conferred  upon  the  people  of  the  United  States,  and  their 


542  LIABILITIES   OF  MINORS. 

eternal  gratitude,  as  well  as  tlieir  interests,  would  be  secured.  As 
Congress  has  not  yet  passed  such  a  law,  every  State  and  Territory 
should  do  so,  and  the  people  should  demand  its  enforcement. 


LIABILITIES  OF  MINORS. 

Persons  of  both  sexes  are  minors  until  they  are  of  legal  age  by 
statu-te. 

Minors  can  not  do  any  act  to  the  injury  of  their  property  which 
they  may  not  repudiate  or  rescind  when  they  arrive  at  full  age. 

Every  contract  entered  into  by  a  minor  which  is  clearly  to  his 
prejudice,  is  absolutely  void;  and  a  contract  which  is  clearly  to  his 
benefit  is  good;  and  one  that  is  uncertain,  whether  prejudicial  or 
advantageous,  is  voidable  only  at  the  election  of  the  minor. 

If  the  contract  be  voidable  only,  it  is  binding  on  the  adult  party 
thereto  until  it  is  rescinded  by  the  minor. 

A  contract  for  necessaries  is  binding  on  an  infant,  and  he  may 
be  sued  on  such  a  contract,  but  the  articles  must  be  shown  to  have 
been  necessary  for  him  under  the  circumstances  and  condition  in 
which  he  was  placed  when  they  were  furnished.  The  real  circum- 
stances of  the  minor  must  be  looked  at,  not  his  ostensible  condi- 
tion. Necessaries  for  a  minor's  wife  and  children  are  necessaries 
for  him.     If  a  minor  marries  he  is  no  longer  a  minor. 

Infancy  or  non-age  can  not  be  taken  advantage  of  to  protect  a 
fraudulent  act.  An  infant  has  been  held  liable  for  deceit  in 
obtaining  a  loan  of  money  on  the  fraudulent  affirmation  that  he 
was  of  age. 

A  father  is  not  bound  by  the  contract  of  his  son,  even  for  articles 
that  are  necessary  and  suitable  for  the  minor,  urdess  an  actual 
authority  be  proved,  or  the  circumstances  be  sufficient  to  imply  an 
authority.  What  circumstances  will  be  sufficient  to  infer  an 
authority  must  always  be  a  question  to  be  determined  in  each  par- 
ticular case. 

The  father  is  liable  for  necessaries  furnished  his  minor  children, 
but  they  must  be  strictly  necessaries,  such  as  the  father  is  in  duty 
bound  to  furnish,  and  has  not  provided. 


CHAPTER  XXII. 


DEFINITIONS,  FORMS  AND  ABSTRACTS. 


Po"wer  of  Attorney. 

A  power  of  attorney  is  an  instrument  in  writing  whereby  one 
person  delegates  to  another  authority  to  do  any  act  for  him,  with 
tlie  same  binding  effect  as  though  it  were  done  by  the  principal. 

Every  person  who  has  power,  in  his  own  right,  to  do  any  act, 
may  delegate  the  power  to  do  that  act  to  any  other  person;  but  an 
attorney  can  not  substitute  another  in  his  place  unless  express 
authority  is  given  him  to  do  so. 

Every  person  intrusted  with  discretionary  power  in  respect  to 
the  business  of  another  should  perform  the  duties  himself;  for, 
generally  speaking,  he  can  not  give  to  another  authority  to  exer- 
cise those  discretionary  powers. 

The  authority  of  an  attorney  ceases  when  withdrawn  by  his 
principal ;  but  when  the  attorney  has  an  interest  in  the  execution 
of  the  power,  it  is  then  irrevocable. 

The  revocation  of  a  power  of  attorney  takes  effect  as  to  third 
persons  from  the  time  they  have  notice  of  it. 

Powers  of  attorney,  to  be  used  in  a  foreign  country,  should  be 
acknowledged  before  a  notary  public,  and  the  signature  of  the 
notary  certified  by  the  consul  of  the  Government  to  which  the 
power  of  attorney  is  to  be  sent. 

"When  intended  to  be  used  in  another  State,  they  should  be  duly 
proved  or  acknowledged  according  to  the  laws  of  the  State  where 
they  are  executed. 

Bonds. 

A  hond  is  a  written  instrument  under  seal,  acknowledging  some 
liability,  duty  or  obligation,  with  a  penalty  for  non-fulfillment. 
Fraud  vitiates  every  instrument  into  which  it  enters. 

The  maker  of  the  bond  is  called  the  ohligor^  the  person  to  whom 
it  is  made  the  obligee. 

The  amount  of  money  first  named  in  a  bond  for  the  payment  of 

money  is  called  the  penal  sum^  and  is  usually  double  the  amount 

(543) 


544  ASSIGNMENT. 

of  the  condition,  in  order  to  cover  interest  and.  cost  of  recovery, 
should  the  conditions  of  payment  not  be  complied  with. 

Assignment. 

An  assignment  is  a  transfer  of  one  man's  interest  in  property  to 
another,  enabling  the  person  to  whom  it  is  assigned  to  have  the 
same  control  over  the  thing  assigned  as  though  he  were  the  origi- 
nal owner. 

An  assignment  made  with  the  intent  to  hinder,  delay,  or  defraud 
creditors  or  other  persons,  is  void. 

An  assignment  may  be  made  for  the  benefit  of  the  one  to  whom 
it  is  made;  or  partly  for  his  benefit  and  partly  in  trust  for  the 
benefit  of  others;  or  wholly  in  trust  for  the  benefit  of  others. 

If  there  be  reserved  in  an  assignment  any  profit,  benefit,  or 
advantage,  to  the  one  making  the  assignment,  this  will  be  con- 
clusive evidence  of  fraud;  and  the  assignment  should  be  at  once 
set  aside  on  the  application  of  creditors  prejudiced  by  it. 

But  the  assignee  may  employ  the  assignor  in  settling  up  the 
claims  and  such  like  business  necessary  to  be  done.* 

An  assignment,  like  any  other  conveyance,  of  an  interest  in 
lands,  should  be  immediately  acknowledged  and  properly  re- 
corded. 

An  assignment  to  a  near  relation  is  always  looked  upon  with 
great  suspicion  by  the  courts;  and,  unless  made  with  entire  good 
faith,  and  for  a  valuable  consideration,  will  be  set  aside  on  the 
application  of  creditors  upon  whom  it  operates  as  a  fraud. 

Wills. 

A  will  is  the  legal  declaration  of  what  a  person  determines  to 
have  done  with  his  property  after  death.  The  person  making  a 
will  must  be  of  sound  mind,  and  must  act  freely  and  voluntarily. 

Great  care  should  be  exercised  in  drawing  up  a  will.  Few  per- 
sons are  aware  how  difficult  it  is  to  make  an  unobjectionable  will. 
Always  secure  legal  advice,  and  that  of  a  trustworthy  kind,  wlien 
possible  to  do  so.  The  statute  laws  and  regulations  respecting 
wills  and  devises  are  so  minute  and  important  in  every  State,  that 
there  is  great  danger  of  coming  in  conflict  with  some  statute  pro- 
vision in  attempting  to  make  a  will  without  advice. 

It  is  of  the  utmost  importance  that  the  property  bequeathed  aiid 
the  condition  and  intentions  of  the  testator  should  be  clearly  and 

*  In  some  States  such  employment  would  be  held  as  conclusive  evidence  of 
fraud ;   Instance,  California  and  Nevada. 


WILLS.  545 

accurately  expressed;  and  unless  he  has  good  legal  advice  he 
should  make  a  disposition  of  his  property  as  simple  as  possible. 

Any  person  of  proper  age  and  of  sound   mind  may  make  a  will. 

A  married  woman  cannot  make  a  will  except  in  relation  to  trust 
property,  unless  the  statute  law  of  the  State  gives  it,  which  is  the 
case  now  in  many  States. 

Children  may  bequeath  personal  property,  but  not  real  estate;, 
the  limitation  of  the  age  for  such  a  bequest  is  generally  eighteen 
years  for  male  and  sixteen  for  females. 

The  maker  of  a  will  is  called   a  testator  (if  a  female  a  testatrix). 

There  are  two  kinds  of  wills,  nuncupative  and  olographic. 

Nuncupative  wills  are  wills  made  by  word  of  mouth.  They  are 
usually  unsafe,  as  they  must  depend  upon  persons  hearing  the 
same,  and  even  when  well  authenticated  often  cause  long  and 
costly  litigation. 

Olofirraphic  wills  are  wills  written  by  the  testator's  hand.  A 
testator  should  always  name  his  executors,  but  the  will  is  perfectly 
good  without  any  being  named,  as  the  court  of  probate  will  appoint 
an  administrator. 

The  testator  should  distinctly  say  in  the  beginning  of  the  instru- 
ment that  it  is  his  last  will.  If  other  wills  have  been  executed  it 
is  well  to  say,  "Hereby  revoking  all  former  wills." 

Great  care  should  be  exercised  in  the  selection  of  witnesses,  as 
this  part  is  material;  they  should  write  their  respective  places  of 
residence  after  their  names,  their  signatures  being  written  in  the 
presence  of  each  other,  and  in  the  presence  of  the  testator.  The 
States  of  Missouri,  Illinois,  Ohio,  Kentucky,  Arkansas,  North 
Carolina,  Tennessee,  Iowa,  Utah,  Texas,  California,  New  Jersey, 
Delaware,  Indiana,  Virginia  and  New  York  require  two  subscrib- 
,ing  witnesses. 

The  States  of  Connecticut,  Florida,  Georgia,  Louisiana,  Mary- 
land, Massachusetts,  Maine,  Michigan,  Minnesota,  Mississippi, 
New  Hampshire,  Oregon,  Rhode  Island,  South  Carolina,  and 
Vermont,  and  District  of  Columbia,  require  three  attesting  wit- 
nesses. 

Should  any  litigation  follow  the  death  of  a  testator,  or  any  ques- 
tion arise  as  to  his  sanity,  the  evidence  of  the  witnesses  to  the  will 
is  first  to  be  taken,  and  is  very  important.  Any  pesron  competent 
to  do  ordinary  acts  of  business  may  be  witnesses.  Married  women 
and  minors  may  be  witnesses,  but  no  one  interested  in  the  will, 
either  as  a  legatee  or  executor,  should  witness  a  will,  as  such  a 
35 


646  WILLS. 

bequest  would  be  void,  but  not  invalidate  the  rest  of  the  will.  The 
word  "bequeath  "  applies  to  personal  estate,  and  "devise  "  to  real 
estate  onl^. 

The  testator  may  appoint  his  executors.  Executors  must  be  of 
legal  age  at  the  time  of  proving  the  will;  a  convict,  a  confirmed 
drunkard,  a  lunatic,  or  an  imbecile,  cannot  act  as  executor.  Ko 
person  appointed  as  an  executor  is  obliged  to  serve. 

By  common  law  a  will  is  revoked  if  the  testator  afterward  marry 
and  have  a  child.  If  the  testator  after  this  intend  that  his  will 
shall  take  efiect  he  must  expressly  confirm  it,  and  should  make  a 
new  will. 

A  husband  is  entitled  to  administer  in  preference  to  any  one 
else,  upon  property  left  by  his  wife,  who  possesses  property  and 
dies  without  a  will,  provided  he  be  of  sound  mind. 

If  tlie  testator  leaves  a  bequest  to  a  wife  instead  of  dower,  he 
should  so  state  it.  The  wife  is  not  legally  compelled  to  accept  of 
such  bequest,  but  may  choose  between  her  legal  rights  of  dower 
and  that  of  the  will. 

The  will  of  an  unmarried  woman  is  revoked  in  many  States  by 
her  subsequent  marriage. 

If  children  are  not  provided  for  in  a  will,  the  law  presumes  that 
they  were  forgotten,  and  gives  any  such  child  the  same  share  as 
if  there  were  no  will,  unless  the  omission  is  explained  in  the  will. 

A  codicil  is  something  additional  to  a  will,  and  should  be  ex- 
ecuted in  the  same  manner  as  a  will. 

A  codicil  does  not  revoke  a  will ;  it  may  consist  of  a  further  be- 
quest or  a  revocation,  in  part,  of  the  bequests  of  the  will. 

An  executor  is  a  person  named  in  the  will  of  a  deceased  person 
to  settle  his  or  her  estate;  there  may  be  one  or  more,  and  they 
may  be  male  or  female. 

An  administrator  is  one  appointed  by  the  court  to  settle  the 
estate  of  a  deceased  person.  The  husband  of  a  deceased  wife,  or 
the  wife  of  a  deceased  husband  has  generally  the  right  to  be  ap- 
pointed administrator,  after  them  the  next  in  kin,  in  the  order  of 
relationship. 

The  executor  should  offer  the  will  for  probate  as  soon  as  he  can, 
and  in  proving  the  will,  filing  bonds,  giving  notice,  making  and 
returning  inventory,  and  the  like,  conform  to  the  law  of  the  State 
and  rules  of  probate. 


DOWEK.  547 

Dower. 

In  those  States  and  Territories  where  the  common  law  prevails 
instead  of  statutory  laws  contravening  the  common  law,  wives 
have  a  certain  interest  in  the  estate  of  their  husbands,  called 
dower. 

Dower  is  the  interest  which  the  common  law  of  England  and 
of  those  States  which  still  adhere  to  it,  allows  a  wife  in  the  lands  of 
her  husband,  in  the  event  of  her  surviving  him.  It  is  generally 
the  right  to  have  the  one-third  part  in  value  of  the  lands  of  her 
husband  set  off  to  her  for  her  use  during  her  natural  life,  but  which 
she  cannot  dispose  of  for  a  longer  period  than  her  life.  The  rights 
of  the  wife  in  personal  property  depend  on  the  statute  regulations 
of  the  States. 

If  the  husband  by  his  will  devise  a  legacy  to  her  in  lieu  of  her 
dower,  she  has  the  right  to  choose  which  she  will  take,  the  dower 
or  the  legacy. 

In  case  of  an  exchange  of  lands,  the  widow  must  elect  whether 
she  will  take  her  dower  in  the  lands  given  in  exchange  or  in  those 
taken  in  exchange. 

An  assignment  of  dower  is  a  conveyance,  by  the  heirs,  of  a 
certain  part  of  the  lands  to  the  widow  for  life,  in  lieu  and  satisfac- 
tion of  her  dower  interest  in  the  whole. 

Never  take  a  conveyance  of  real  estate  from  a  married  man 
without  seeing  that  his  wife  joins  in  the  conveyance,  and  properly 
acknowledges  it,  according  to  the  laws  of  your  State,  before  the 
proper  officer.  If  she  be  not  twenty-one  years  of  age,  she  can  not 
bar  her  right  of  dower,  in  which  case  it  will  be  of  no  use  for  her 
to  join  in  the  conveyance. 

As  to  acknowledgments  by  the  husband  and  wife,  see  the  re- 
spective States. 

A  female  wishing  to  secure  the  property  she  may  possess,  so  as 
to  enjoy  the  benefit  of  it  after  marriage,  free  from  the  control  and 
liabilities  of  her  husband,  can  effect  her  purpose  by  conveying  it 
to  a  third  person  in  trust  for  her  benefit. 

If  a  husband  wishes  to  convey  property  to  a  wife,  he  can  do  so 
by  conveying  to  some  friend  in  trust  for  her  benefit.  Such  a  con- 
veyance would  be  set  aside  on  the  application  of  creditors  whose 
rights  were  prejudiced  by  it,  but  they  will  secure  the  property  to 
the  wife  against  everybody  else. 

The  dower  may  be  held,  assigned  or  released,  and  for  conven- 
ience in  either  of  the  latter  cases  the  following  forms  are  given: 


548  DOWEK, 

Form  of  Assignment  of  Dower. 

This  indenture,  made   the day  of ,   in   the   year   one 

thousand  eight  hundred  and ,  between  John  Doe,  of  the 

town  of ,  in  the  county  of ,  and  State  of ,  and  Rich- 
ard Doe,  of  the  town  of ,  in  the  county  of ,  and  State  of 

,  sole  heirs  of  William  Doe,  late  of  aforesaid,  now  de- 
ceased, parties  of  the  first  part,  and  Susan  Doe,  of aforesaid, 

widow  and  relict  of  the  said  William  Doe,  deceased,  of  the  other 
part: 

Whereas,  The  said  William  Doe  was  seized  at  the  time  of  his 
decease  in  fee  simple  of  certain  lands  and  tenements,  which,  upon 
his  decease  aforesaid,  descended  to  the  said  John  Doe  and  Richard 
Doe,  his  sole  heirs  at  law; — 

Now  this  indenture  witnesseth,  that  the  said  John  Doe  and 
Richard  Doe  have  set  off  and  assigned,  and  by  these  presents  do 
set  off  and  assign,  unto  the  said  Susan  Doe,  all  that,  etc.  (here 
describe  the  premises  assigned);  to  have  and  to  hold  the  same, 
with  all  the  tenements  and  appurtenances  thereunto  belonging, 
unto  the  said  Susan  Doe,  for  and  during  the  term  of  her  natural 
life,  as  and  for  her  dower,  and  in  lieu  of  and  full  satisfaction  of 
all  her  dower  and  claim  of  dower,  in  the  lands  of  which  the  said 
William  Doe  died  seized. 

And  the  said  Susan  Doe  hereby  signifies  her  acceptance  of  the 
premises  so  set  off  and  assigned  to  her,  as  and  for  her  dower  and 
in  full  satisfaction  of  all  her  dower  and  claim  of  dower  in  the  lands 
whereof  the  said  William  Doe,  her  late  husband,  died  seized. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto 
set  their  hands  and  seals  the  day  and  year  first  above  written. 

John  Doe.   [seal.] 
Richard  Doe.    [seal.] 
Susan  Doe.    [seal.] 
Signed,  sealed  and  delivered, 
in  presence  of 


Form  of  Release  of  Dower. 

To  all  to  whom  these  presents  shall  come,  Susan  Doe,  of  the 

city  of ,  in  the  county  of ,  and  State  of  ,  widow  and 

relict  of  John  Doe,  late  of  the  same  place,  deceased,  sends  greet- 
ing: Know  ye,  that  the  said  Susan  Doe,  the  party  of  the  first  part 
to  these  presents,  lor  and  in  consideration  of  the  sum  of  five 
hundred  doHars,  lawful  money  of  the  United  States,  to  her  in 
hand  paid  at  or  before  the  ensealing  and  delivery  of  these  presents, 
by  Richard  Doe,  of  the  city  of ,  in  the  county  of ,  and 


HUSBAND    AND    WIFE.  549 

State  of ,  of  the  seconci  part,  the  receipt  whereof  is  hereby 

acknowledged,  hath  granted,  remised,  released,  and  for  ever  quit- 
claimed, and  by  these  presents  doth  grant,  remise,  release  and 
forever  quit-claim,  unto  the  said  party  of  the  second  part,  his  lieirs 
and  assigns  for  ever,  all  the  dower  and  thirds,  right  and  title  of 
dower  and  thirds,  and  all  other  right,  title,  interest,  property, 
claim,  and  demand  whatsoever,  in  law  and  equity,  of  her,  tlie 
said  party  of  the  lirst  part,  of,  in,  and  to  all  that  certain  piece  or 
parcel  of  land,  etc., 

[Here  describe  the  premises.] 

SO  that  she,  the  said  party  of  the  first  part,  her  heirs,  executors, 
administrators,  or  assigns,  nor  any  other  person  or  persons,  for 
her,  them,  or  any  of  them,  shall  not  have,  claim,  challenge,  or  de- 
mand, or  pretend  to  have,  claim,  challenge,  or  demand,  any  dower 
or  thirds,  or  any  other  right,  title,  claim,  or  demand  whatsoever,  of, 
in,  and  to  the  same,  or  any  part  or  parcel  thereof,'  in  whosesoever 
hands,  seisin,  or  possession,  the  same  may  or  can  be,  and  thereof 
and  therefrom  shall  be  utterly  barred  and  excluded  for  ever  by 
these  presents. 

In  witness  whereof,  the   said  party   of  the  first  part   to  these 

presents  hath  hereunto  set  her  hand  and  seal,  the  day  of 

,  in  the  year  of  our  Lord  one  thousand  eight  hundred   and 


Sealed  and  delivered  in  the 
presence  of 


Susan  Doe.  [seal,.] 


In  many  States  a  very  dififerent,  a  more  liberal   and  just,  rule 
prevails  with  relation  to  husband  and  wife. 


HUSBAND  AND  WIFE. 

In  California,  Colorado  and  Nevada,  and  in  most  other  States 
and  Territories  of  the  Western  portion  of  the  United  States  where 
civil-law  rules  generally  prevail,  the  following  are  the  legal  rela- 
tions of  husband  and  wife : 

1.  Marriage  is  a  civil  contract. 

2.  The  husband  and  wife  contract  toward  each  other  obligations 
of  mutual  respect,  fidelity,  and  support. 

3.  The  husband  is  the  head  of  the  family.  He  may  choose  any 
reasonable  place  or  mode  of  living,  and  the  wife  mui^t  conform 
thereto. 

4.  Neither  husband  nor  wife  has  a  legal  interest  in  the  separate 


550  HUSBAND    AND   WIFE. 

property  of  the  other,  but  neither  can  be  excluded  from  the  other's 
dwelling. 

5.  Either  husband  or  wife  may  enter  into  any  engagement  or 
transaction  with  tlie  other,  or  with  any  other  person,  respecting 
property,  which  either  might,  if  unmarried,  do,  respecting  the 
separate  property  of  each,  subject  to  certain  conditions. 

6.  A  husband  and  wife  can  not,  by  any  contract  with  each  other, 
alter  their  legal  relations,  except  as  to  property,  and  except  that 
they  may  agree  to  an  immediate  separation,  and  may  make  pro- 
vision for  the  support  of  either  of  them  and  of  their  children  during 
such  separation.  The  mutual  consent  of  the  parties  is  a  sufficient 
consideration  for  such  an  agreement. 

7.  A  husband  and  wife  may  hold  property  as  joint  tenants,  ten- 
ants in  common,  or  as  community  property. 

8.  All  property  of  the  wife  owned  by  her  before  marriage,  and 
that  acquired  afterward  by  gift,  bequest,  devise,  or  descent,  with 
the  rents,  issues,  and  profits  thereof,  is  her  separate  property;  and 
the  wife  may,  without  the  consent  of  her  husband,  convey  her 
separate  property. 

9.  All  property  owned  by  the  husband  before  marriage,  and  that 
acquired  afterward  by  gift,  bequest,  devise,  or  descent,  with  the 
rents,  issues,  and  profits  thereof,  is  his  separate  property. 

10.  All  other  property  acquired  after  marriage,  by  either  hus- 
band or  wife,  or  both,  is  community  property. 

11.  A  full  and  complete  inventory  of  the  separate  personal 
property  of  the  wife  may  be  made  out  and  signed  by  her,  ac- 
knowledged or  proved  in  the  manner  required  by  law  for  the 
acknowledgment  or  proof  of  a  grant  of  real  property  by  an  unmar- 
ried woman,  and  recorded  in  the  office  of  the  recorder  of  the  county 
in  which  the  parties  reside;  and  the  filing  of  such  inventory  in  the 
recorder'' s  office  is  notice  and  primary  evidence  of  the  title  of  the 
wife. 

12.  A  wife  cannot  make  a  contract  for  the  payment  of  money. 

13.  The  earnings  of  the  wife  are  not  liable  for  the  debts  of  the 
husband. 

1-1.  The  earnings  and  accumulations  of  the  wife,  and  of  her 
minor  children  living  with  her  or  in  her  custody,  while  she  is 
living  separate  from  her  husband,  are  the  separate  property  of  the 
wife. 

15.  The  separate  property  of  the  husband  is  not  liable  for  the 
debts  of  the  wife  contracted  before  the  marriage. 


HUSBAND   AND   WIFE.  551 

16.  The  separate  property  of  the  wife  is  not  liable  for  the  debts 
of  her  husband,  but  is  liable  for  her  own  debts  contracted  before 
or  after  marriage. 

17.  The  husband  has  the  management  and  control  of  the  com- 
munity property,  with  the  like  absolute  power  of  disposition  (other 
than  testamentary)  as  he  has  of  his  separate  estate. 

18.  No  estate  is  allowed  the  husband  as  tenant  by  courtesy  upon 
the  death  of  his  wife,  nor  is  any  estate  in  dower  allotted  to  the  wife 
upon  the  death  of  her  husband. 

19.  If  the  husband  neglects  to  make  adequate  provision  for  the 
support  of  his  wife,  any  otlier  person  may,  in  good  faith,  supply 
her  with  articles  necessary  for  her  support,  and  recover  the  rea- 
sonable value  thereof  from  the  liusband. 

20.  A  husband  abandoned  by  his  wife  is  not  liable  for  her  sup- 
port until  she  offers  to  return,  unless  she  was  justified,  by  his  mis- 
conduct, in  abandoning  him. 

21.  The  wife  must  support  the  husband  out  of  her  separate 
property,  when  he  has  no  separate  property  and  they  have  no 
community  property,  and  he,  from  infirmity,  is  not  able  or  com- 
petent to  support  himself. 

22.  The  property  rights  are  governed  by  the  foregoing  rules 
unless  there  is  a  marriage  settlement  containing  stipulations  con- 
trary thereto. 

23.  All  contracts  for  marriage  settlements  must  be  in  writing, 
and  executed  and  acknowledged  or  proved  in  like  manner  as  a 
grant  of  land  is  required  to  be  executed  and  acknowledged  or 
proved. 

2-1.  When  such  contract  is  acknowledged  or  proved,  it  must  be 
recorded  in  the  office  of  the  recorder  of  every  county  in  which  any 
real  estate  may  be  situated  which  is  granted  or  affected  by  such 
contract. 

25.  The  recording  or  non-recording  of  such  contract  has  a  like 
effect  as  the  recording  or  non-recording  of  a  grant  of  real  property. 

26.  A  minor  capable  of  contracting  marriage  may  make  a  valid 
marriage  settlement.  (California  and  Nevada  codes,  and  the  codes 
of  most  States  and  Territories  of  the  extreme  West.) 

In  many  of  the  States  and  Territories,  the  statutes  provide  that 
'■^mam^ied  women  may  hecome  sole  traders^''''  and  do  business  in 
their  own  names  and  on  their  accounts;  and  such  should  be  the 
law  in  every  State,  for  often  the  wife  possesses  better  business 
judgment  and  capacity,  as  well  as  better  habits,  than  her  husband. 
For  the  benefit  of  such  is  given  the  following. 


652  BIGHTS   OF 

Form  of  Petition  for  Sole  Trader. 

To  the  Hon.  ,  Judge  of  the Court,  in  and  for  the  County 

of ,  and  State  of . 

The  petition  of  A  B  respectfully  represents  to  the  court  that 
she,  voiir  petitioner,  is  a  married  woman  and  the  wife  of  C  B,  and 

that  she  has  resided  for months  last  past,  and  now  resides  in 

said  county  of ,  and  State  of -. 

Your  petitioner  further  represents  that  she  desires  to  transact 
the  business  of  (state  the  business  comprehensively),  as  a  sole 
trader  and  in  her  own  name,  under  and  by  virtue  of  the  provisions 

of  an  act  of  the  Legislature  of  said  State  of ,  entitled  "'An  Act 

(state  the  title  of  the  act),   approved ,  a.  d.  18—;    that  this 

application  is  not  made  to  hinder,  delay  or  defraud  any  creditors 

of  her  said  husband,  and  that  she  has  not  received  exceeding 

dollars  from  her  said  husband  with  which  to  carry  on  said  busi- 
ness. (All  the  allegations  required  by  the  statute  must  be  stated 
in  the  petition). 

Wiierefore  your  petitioner  prays  the  decree  of  the  court,  that 
she  be  authorized  to  act  as  a  sole  trader,  and  transact  business  in 

her  own  name. 

AB, 
Petitione7\ 

State  of ,  I  „„ 


County  of .  f 

A  B,  being  duly  sworn,  says,  that  she  is  the  petitioner  above 
named;  that  she  has  heard  said  petition  read,  and  that  the  same 

is  true. 

AB. 

Subscribed  and  sworn  to  before  me,  this 

day  of ,  A.  D.  18—. 

CD, 

Justice  of  the  Peace  {or  other  officer). 


ABSTKACT  OF  STATE  LAWS  RELATING  TO 
RIGHTS  OF  MARRIED  WOMEN. 

Alabama. 

All  property  acquired  before  marriage  by  the  wife,  and 
all  property  she  may  be  entitled  to  by  gift,  grant,  inheritance 
or  devise,  is  not  liable  for  any  debts  of  her  husband,  and  may  be 
devised  or  bequeathed  by  her  as  if  she  were  iifemme-sole.  A 
wife's  separate  estate  may  be  conveyed  by  the  wife,  her  husband 
ioiniiig,  attested  in  the  presence  of  two  witnesses,  or  acknowl- 
"edged  before  the  ])ropur  officers.  The  husband  is  not  liablefor  tlie 
wife's  debts  contracted  before  marriage.  She  may  be  sued  alone, 
and    her  separate   property  is  liable  for  the  satisfaction    thereof. 


MARRIED    WOMEN.  553 

The  huSlDand  is  the  wife's  trustee,  but  not  liable  to  account  for  the 
profits.  Her  estate  is  liable  for  the  necessary  support  of  the 
family  if  the  husband  is  unable  to  satisfy  an  execution.  If  the 
wife  die  intestate  the  husband  is  entitled  to  one-half  the  personalty, 
and  to  the  use  of  realty  during  life.  If  tlie  husband  dies  intes- 
tate the  widow  is  entitled  to  one  third  of  the  realty  and  one  half 
of  the  personalty.  The  widow  may  dissent  from  provision  in  a 
will  and  claim  her  dower  at  any  time  within  one  year  after  the 
probate  of  the  will.  She  may  retain  the  dwelling  place,  house, 
plantation,  etc. ,  free  from  rent,  until  dower  is  assigned  her.  If 
the  husband  is  unable  to  manage  her  estate  she  maybe  vested  with 
the  powers  of  a  femme-sole. 

Arkansas. 

A  married  woman  can  hold  property,  both  personal  and 
real,  and  is  not  liable  for  her  husband's  debts,  but  a  sched- 
ule, under  oath,  and  veriiied  by  the  oath  of  some  other  reputable 
person,  must  be  made  by  the  husband  and  wife,  and  filed  in  the 
recorder's  office  of  the  county  where  the  property  is,  and  of  the 
county  where  they  reside.  She  may  make  a  will,  may  insure  her 
husband's  life  for'  her  benefit.  She  may  control  her  property,  may 
sue  and  be  sued,  as  if  unmarried.  The  widow  is  entitled  to  one- 
third  part  of  the  estate,  unless  she  relinquishes  the  same  in  legal 
form. 

California. 

All  property  acquired  by  the  wife  before  marriage,  and  that 
acquired  afterward  by  gift,  grant,  inheritance,  or  devise,  is  her 
separate  property,  and  not  liable  for  the  debts  of  the  hus- 
band. The  husband's  property,  similarly  acquired,  will  be  his 
separate  property,  and  is  not  liable  for  the  debts  of  the  wife.  All 
property  acquired  other  than  as  mentioned  shall  be  common  prop- 
erty, but  under  the  husband's  control.  Such  common  property 
cannot  be  sold  unless  by  some  written  instrument  jointly  signed  by 
husband  and  wife  and  acknowledged  by  her  upon  a  separate  ex- 
amination before  the  proper  officials.  A  filing  of  a  full  and  com- 
plete inventory  of  the  wife's  property  must  be  made,  signed  by 
her  and  proved  in  a  court  of  record  and  duly  recorded.  All  such 
property  is  exempt  from  seizure  for  a  husband's  debts,  One  half 
of  the  common  property  goes  to  either  survivor,  the  other  half  to 
the  descendants  of  the  deceased  husband  and  wife,  subject  to  the 
payments  of  the  debts  of  the  deceased;  if  not  descendants,  the 
whole  to  the  survivor  subject  to  such  payment.  Dower  and  cour- 
tesy are  abolished.  A  wife  may  insure  her  husband's  life  for  her 
benefit. 

Colorado. 

A  married  woman  may  hold  real  and  personal  property, 
may  bargain,    sell  and   convey  her   estate  and   make    any   con- 


554  RIGHTS    OF 

t 

tract  with  reference  thereto,  as  though  a  femme-soLe.  She  may 
also  sue  and  be  sued,  contract  debts  in  her  ov^n  name  and  npon 
her  own  credit,  execute  any  instrument  of  writing,  and  judgments 
may  be  pronounced  and  enforced  against  her  as  though  o^femme- 
sole.  The  husband  is  liable  for  debts  of  the  wife  contracted  bef  )re 
marriage  to  the  extent  of  the  property  he  may  receive  through 
her,  but  no  further.     Dower  is  abolished. 

Connecticut. 

A  married  woman  may  hold  real  estate  to  her  separate 
use  in  her  own  name  but  the  husband  must  join  her  in  all 
conveyances.  The  avails  of  all  such  property  belong  to  her,  but 
the  husband  is  a  trustee  of  her  personal  estate;  he  may  be  re- 
moved for  cause  and  another  trustee  appointed.  She  may  sue  and 
be  sued,  carry  on  business  in  her  own  name;  her  husband  is  not 
liable  upon  any  causes  of  action  arising  from  the  same.  She  has 
rio-ht  of  dower  in  one  third  of  the  real  estate  of  which  her  hus- 
band died  possessed,  to  be  to  her  use  during  her  natural  life. 

Delaware. 

A  married  woman  may  hold  and  acquire  real  estate  and 
personalty  to  her  separate  use  in  her  own  name,  and  the  rents, 
issues  and  profits  thereof  not  to  be  subject  to  the  disposal  of  her 
husband  nor  liable  for  his  debts.  Married  women,  purchasers  of 
real  estate,  may  secure  purchase  money,  or  part  of  it,  by  recogni- 
zance, bond,  mortgage  or  otherwise,  as  single  women  may;  her 
husband  need  not  be  a  party,  or  consent  to  such  act  of  giving 
security,  and  is  not  liable  unless  he  is  a  party  thereto.  She  may 
give  bond  with  or  without  warrant  of  attorney.  She  may  receive 
wao-es  for  personal  labor  and  sue  for  same  in  her  own  name;  may 
sue'and  be  sued,  and  make  contracts  in  reference  to  her  property. 
Her  husband's  life  may  be  insured  for  her  benefit  if  premium  paid 
does  not  exceed  $150.     She  may  be  an  administratrix. 

District  of  Columbia. 

A  woman's  rights  are  not  affected  by  marriage,  or  any  rights 
acquired  during  marriage,  and  are  not  liable  for  debts  of  her  hus- 
band. She  may  bequeath,  devise  or  convey  her  property  or  in- 
terest therein  in  the  same  manner  as  if  she  were  unmarried.  She 
may  contract,  sue  and  be  sued  in  all  matters  pertaining  to  her 
property.  The  husband  is  not  liable  for  any  such  contract  made 
by  her. 

Florida. 

A  married  woman  mav  hold  for  her  separate  use  real  and  per- 
sonal property,  whether" acquired  before  or  during  marriage,  an 


MARRIED  WOMEN.  555 

is  not  liable  for  her  husband's  debts.  But,  in  order  that  it  shall  be 
free  from  his  debts,  an  inventory  of  the  same  must  be  made  out 
in  six  months  after  marriage,  or  after  the  same  shall  be  acquired 
by  her,  and  duly  recorded.  She  may  sell  and  convey  all  real 
estate  inherited  by  her  in  the  same  way  as  she  could  if  she  were 
unmarried;  but  her  husband  must  join  in  the  execution  and  ac- 
knowledgment. She  is  entitled  to  dower  in  one-third  of  all  the 
real  estate  seized  by  her  husband  at  the  time  of  his  death,  or  at 
any  time  during  his  life,  unless  she  has  relinquished  the  same; 
and  also  to  one  third  of  his  personalty. 

Georgia. 

A  married  woman  may  hold  for  her  separate  use  real  and  per- 
sonal property  and  choses  in  action  whether  acquired  before  or 
during  marriage,  and  is  not  liable  for  any  debt,  default  or  con- 
tract of  the  husband.  She  has  full  control  of  her  separate  estate 
as  if  unmarried.  She  cannot  bind  her  estate  in  any  way  whatever, 
by  contract,  suretyship  or  assumption  of  the  debts  of  her  husband, 
and  any  sale  made  to  a  creditor  of  her  husband  toward  discharge 
of  his  debts  is  void. 

Illinois. 

A  married  woman  may  own,  in  her  own  right,  real  and  personal 
property,  and  have  full  control  of  her  separate  property,  in  the 
same  manner  that  a  married  man  has.  She  may  sue  and  be  sued, 
may  make  contracts  and  incur  liabilities,  which  may  be  enforced 
against  her;  but  she  cannot  enter  into  or  carry  on  any  partner- 
ship business  without  her  husband's  cosnent  unless  he  has  aban- 
doned her,  or  is  idiotic,  insane,  or  in  the  penitentiary.  The  hus- 
band and  wife  are  put  upoil  the  same  footing  as  to  dower.  The 
estate  by  courtesy  is  abolished.     She  may  make  a  will. 

Indiana. 

A  married  woman  may  hold  real  and  personal  estate  for  her  sepa- 
rate use,  and  is  not  liable  for  her  husband's  debts;  but  she  cannot 
encumber  or  oonvey  them  by  deed  without  the  husband  joining. 
Suits  against  her  separate  estate  should  be  brought  in  the  name  of 
both.  If  the  husband  die  testate  or  intestate,  one  third  of  his  realty 
goes  to  his  wife,  in  fee  simple,  free  from  all  claims  of  creditors; 
but  if  estate  exceeds  ten  thousand  dollars,  slie  takes  only  one  fourth 
as  against  creditors;  and  if  estate  exceeds  twenty  thousand  dol- 
lars only  one  fifth.  If  the  wife  die,  one  third  of  the  estate  goes  to 
the  husband.  If  either  die  intestate  and  without  a  child,  the 
whole  estate  goes  to  the  survivor.  A.  wife  may  elect  to  take  under 
his  will  or  by  law. 


556  EIGHTS   OF 

lo^va. 

A  married  woman  can  hold  property  the  same  as  any  other  per- 
son, and  is  liable  on  all  contracts  made  by  her,  but  her  separate 
property  is  not  liable  for  her  husband's  debts.  By  common  law, 
right  of  dower  exists  in  this  State,  and  in  executing  deeds  she 
must  acknowledge,  separate  and  apart  from  her  husband,  that  she 
was  made  acquainted  with  the  contents  of  such  conveyance,  and 
relinquished  her  dower  freely  and  without  compulsion  from  her 
husband. 

Kansas. 

Married  women  can  hold  real  or  personal  property,  to  their  sepa- 
rate use,  the  same  as  unmarried,  A  note  or  endorsement  made  by 
a  married  woman  will  bind  her  property  the  same  as  if  she  were 
unmarried.  Neither  the  husband  nor  wife  can  bequeath  more 
than  one  half  their  property  away  from  the  other  without  written 
consent  of  the  other.  If  either  die  intestate  and  without  issue, 
all  his  or  her  property  goes  to  the  survivor. 

Kentucky. 

A  married  woman  may  hold  real  and  personal  property  acquired 
before  or  during  marriage,  and  is  not  liable  for  the  debts  of  her 
husband,  but  is  liable  for  debts  of  her  and  her  husband  jointly  created, 
in  writing,  for  necessaries  furnished  her  or  any  member  of  her 
family.  The  property  of  the  husband  is  not  subject  to  the  pay- 
ment of  any  of  the  wife's  debts  incurred  previous  to  marriage. 
She  may  dispose  of  her  separate  property  by  will  or  execute  a 
power.     She  is  entitled  to  dower. 

Louisiana. 

A  married  woman  may  hold  realty  and  personal  property  as  her 
separate  estate,  whether  acquired  before  or  during  marriage, 
and  her  husband  cannot  sell  the  same.  Property  acquired  during 
marriage  from  the  joint  or  separate  earnings  of  husband  and  wife 
and  the  revenues  of  their  separate  estate  becomes  common  prop- 
erty, and  is  divided  equally  between  them.  A  married  woman 
has  no  power  in  her  husband's  estate;  the  husband  must  join  the 
wife  in  any  conveyance  of  her  separate  estate.  The  wife  may 
make  her  last  will  without  authority  of  her  husband. 

Maine. 

A  married  woman  may  hold  realty  and  personalty  for  her  separate 
use;  can  control,  dispose  of,  and  encumber  as  though  unmarried. 
Her  estate  is  not  liable  for  her  husband's  debts.  Slie  may  make 
contracts,  sue  and  be  sued,  and  her  property  taken  on  execution 


MARRIED   WOMEN.  557 

to  satisfy  any  judgment  obtained  against  her.  A  wife  must  Join 
in  a  deed  from  the  husband  in  selling  his  real  estate,  to  relinquish 
dower,  and  he  must  join  with  her  In  selling  her  real  estate  only 
when  it  comes  to  her  from  him. 

Maryland. 

A  married  woman  holds  her  real  and  personal  property  for  her 
own  separate  use  and  entirely  protected  from  the  debts  of  her 
husband.  She  may  devise  the  same  as  a  fernme-sole^  or  may 
convey  the  same  by  a  joint  deed  with  the  husband.  If  she  die  intes- 
tate, leaving  children,  her  husband  has  a  life  estate  in  her  prop- 
erty; if  she  leaves  no  children,  her  husband  has  a  life  estate  in 
her  real  estate,  and  her  personal  property  vests  in  him  absolutely. 
She  may  be  sued  jointly  with  her  husband  on  any  note,  contract, 
or  agreement,  which  she  has  executed  jointly  with  him,  and  the 
judgments  recovered  in  such  cases  are  liens  on  the  property  of 
both,  and  may  be  collected  in  the  same  manner  as  if  the  defend- 
ants were  not  husband  and  wife. 

Massacliusetts. 

A  married  woman  may  hold  real  and  personal  property,  may 
convey  the  same,  make  contracts,  sue  and  be  sued,  in  the  same 
manner  as  if  she  were  unmarried;  but  her  separate  conveyance  is 
subject  to  her  husband's  tenancy  by  the  courtesy.  Conveyances, 
contracts  and  suits  are  not  authorized  between  husband  and  wife. 
Every  woman  is  entitled  to  her  dower  in  the  lands  of  her  husband, 
to  be  assigned  to  her  after  his  decease,  unless  she  is  lawfully- 
barred  thereof. 

Michigan. 

A  married  woman  may  hold  real  and  personal  estate  to  her 
separate  use;  can  control,  dispose  of  and  encumber  in  the  same 
manner,  and  with  like  effect,  as  if  unmarried;  may  sue  and  be 
sued  in  relation  to  her  sole  property.  Dealings  directly  between 
husband  and  wife  are  permitted.  The  husband  has  no  interest  in 
the  property  of  the  wife  as  tenant  by  the  courtesy.  Separate 
property  acquired  by  females  before  or  after  marriage  is  not  liable 
for  the  husband's  debt.  The  wife  is  entitled  to  dower  in  all  lands 
owned  by  her  husband  during  coverture. 

Minnesota. 

A  married  woman  may  hold  real  and  personal  property  in  her 
own  name  and  use,  whether  acquired  before  or  after  marriage; 
may  make  contracts,  and  her  property  is  liable  for  her  debts;  but 
no  conveyance  of  her  separate  real  estate  is  valid  unless  her  hus- 
band join  therein. 


558  eights'  of 

Mississippi. 

A  married  woman  may  hold  real  and  personal  property  for  her 
own  separate  use,  and  all  revenue  from  same  accrues  solely  to  her 
benefit;  she  can  control,  dispose  of  and  encumber  as  though  un- 
married, but  her  husband  must  join  in  a  deed  of  conveyance.  She 
may  dispose  of  it  by  last  will.  She  may  not  bind  her  estate  for 
her  husband's  debts  beyond  its  revenue.  She  may  engage  in  trade, 
as  if  unmarried.  She  is  then  bound  for  all  contracts  made  in  the 
course  of  trade;  she  is  liable  for  ante-nuptial  debts.  A  widow  is 
entitled  to  her  dower  of  one  third  of  all  lands  of  which  her  hus- 
band died  seized  and  possessed,  or  which  he  had  conveyed  during 
his  life-time  otherwise  than  in  good  taith  or  for  a  valuable  consid- 
eration, during  her  life.  If  there  are  no  children,  she  inherits  all 
of  her  husband's  estate.  The  husband  is  entitled,  in  courtesy,  to 
one  half  of  all  his  deceased  wife's  lands  during  his  life,  dependent, 
however,  upon  the  common  law  prerequisites. 

Missouri. 

A  married  woman  may  hold  real  or  personal  property  to  her 
separate  use,  through  a  trustee.  A  note  or  endorsement  made  by 
her  will  bind  her  separate  estate;  it  will  not,  however,  bind  her 
general  estate,  and  will  be  a  nullity  unless  she  has  a  separate ' 
estate  to  be  bound  by  the  paper.  If,  however,  the  note  is  for  pur- 
chase money  of  property,  then  it  will  bind  even  her  general  estate. 
Her  separate  property,  whether  acquired  before  or  subsequent  to 
marriage,  is  not  liable  for  her  husband's  debts.  She  is  entitled  to 
dower  of  one  third  ot  all  the  lands  of  which  her  husband,  or  any 
one  to  his  use,  was  seized  of  an  estate  of  inheritance,  at  any  time 
during  tlie  marriage;  also,  of  leasehold  estate  for  the  term  of 
twenty  years  or  more. 

Nebraska. 

A  married  woman  may  hold  real  and  personal  property  for  her 
separate  use,  whether  acquired  before  or  during  marriage,  except 
through  her  husband,  and  is  not  subject  to  the  disi>()sal  or  her 
husband  or  liable  for  his  debts.  She  may  control,  dispose  of  and 
encumber,  and  enter  into  any  contract  in  reference  thereto,  in  the 
same  manner,  same  extent,  and  with  like  effect  as  a  married  man; 
she  may  sue  and  be  sued,  and  carry  on  trade  or  business  on  her 
separate  account.  Her  personal  earnings  are  her  sole  property. 
If  marriage  was  contracted  out  of  tlie  State,  she  may  here  enjoy 
all  rights  to  property  there  acquired.  She  must  join  with  her 
husband  in  the  conveyance  or  encumbrance  of  the  homestead. 

Nevada. 

A  married  woman  may  hold  real  and  personal  property  for  her 
sole  and  separate  use,  whether  acquired  before  or  during  marriage; 


MARKLED    WOMEN.  559 

and  she  may  sell  and  convey  without  the  consent  of  her  husband. 
Such  property  must  be  inventoried  and  recorded.  All  property 
acquired  by  husband  and  wife  during  the  coverture  belongs  to 
them  in  common,  and,  upon  the  death  of  the  husband,  one  half 
goes  to  the  wife,  but,  during  coverture,  is  under  the  absolute  con- 
trol of  the  husband.  He  may  convey  the  same  without  his  wife 
joining  in  the  execution  of  the  deed.  Dower  and  courtesy  are 
abolished. 

Ne-w  Hampshire. 

A  married  woman  may  hold  property,  whether  acquired  before 
or  after  marriage,  except  through  property  of  the  husband,  to  her 
sole  and  separate  use  as  if  unmarried,  and  she  may  sell,  convey, 
or  encumber  her  separate  estate.  All  such  acts  are  valid  and 
binding  upon  her  and  her  property  independent  /)f  her  husband. 
She  may  sue  and  be  sued  as  if  unmarried.  She  is  entitled  to 
homestead  and  dower  in  all  the  propei'ty  of  her  husband,  unless 
she  release  the  same  by  joining  her  husband  in  its  conveyance. 
In  most  respects  the  wife  is  equal  to  the  husband  before  the  law. 
The  husband  cannot  convey  real  estate  to  the  wife. 

New  Jersey. 

A  married  woman  may  hold  to  her  sole  and  separate  use  real 
and  personal  property  which  she  owned  or  acquired  during  mar- 
riage by  gift,  grant,  descent,  devise  or  bequest,  and  revenues 
thereof,  not  subject  to  the  disposal  of  her  husband,  nor  liable  for 
his  debts.  She  can  be  sued  with  her  husband  for  debts  contracted 
for  her  own  benelit,  and  which  cannot  be  enforced  against  her  in 
equity.  She  is  entitled  to  dower  in  one  third  of  all  the  real  estate 
of  which  the  husband  died  seized,  and  to  the  homestead  until 
dower  is  assigned  her. 

Ne-w  York. 

A  married  woman  may  hold  real  and  personal  property  to  her 
sole  and  separate  use,  whether  acquired  before  or  after  marriage. 
Such  property  is  in  no  case  liable  for  her  husband's  debts.  Obli- 
gations incurred  by  her  may  be  recovered  out  of  her  separate  prop- 
erty when  given  with  intent  to  charge  it.  A  wife  may  insure  her 
husband's  life  for  her  benefit,  provided  the  premium  does  not  ex- 
ceed five  hundred  dollars.  She  may  hold  patents  invented  by  her, 
may  vote  on  stock  held  by  her,  may  be  a  guardian,  executrix,  or 
administratrix,  and  may  give  necessary  bonds,  may  make  a  will, 
may  execute  a  power  of  attorney,  as  if  unmarried.  She  is  entitled 
to  dower  to  one  third  of  the  land  owned  by  her  husband  during 
lifetime  unless  she  has  relinquished  same. 


660  RIGHTS   OF 

North  Carolina. 

All  property  acquired  bj  a  married  woman,  either  before  or 
after  marriage,  except  through  her  husband,  is,  and  will  remain, 
her  sole  and  separate  property,  free  from  the  control  of  her  hus- 
band, and  not  liable  for  his  debts,  and  she  can  convey  the  same 
with  the  written  consent  of  her  husband.  She  has  dower  in  all 
the  real  estate  of  her  husband,  owned  or  acquired  during  the 
coverture,  and  must  join  in  conveyances  made  by  him  to  release 
the  same. 

Ohio. 

A  married  woman  may  own  real  or  personal  property  in  her 
own  right  and  use,  and  may  manage  it  herself,  but  cannot  dispose 
of  it  for  any  term  longer  than  three  years  without  her  husband 
joining  her.  She  may  be  sued  or  sue  alone,  in  actions  concerning 
her  separate  property,  or  upon  a  written  obligation,  contract,  or 
agreement  signed  by  her,  or  if  she  be  engaged  in  an^- business  and 
the  cause  of  action  grows  out  of  such  business,  and  in  all  such 
cases  a  personal  judgment  can  be  had  against  her,  and  her  separate 
property  will  be  liable.  She  is  entitled  to  dower  of  one-third  part 
of  all  the  realty  owned  by  her  husband  during  coverture,  unless 
she  join  in  conveyances  made  by  him  to  release  same.  If  her 
husoand  has  abandoned  her,  she  will  be  considered  as  unmarried 
in  all  her  acts. 

Oregon. 

A  married  woman  may  hold  real  or  personal  property  in  her 
own  name  and  free  from  control  of,  or  liability  for,  the  debts  of 
her  husband,  but  a  schedule  of  personal  property  must  be  filed 
with  the  county  clerk.  Her  husband  must  join  in  all  conveyances 
of  her  separate  estate.  She  may  sue  and  be  sued  in  regard  to  her 
separate  property.  She  may  make  a  will  uninfluenced  by  her 
husband. 

Pennsylvania. 

All  the  personal  or  real  property  belonging  to  a  married  woman 
before,  or  vested  in  her  during  marriage,  is  not  liable  for  debts 
or  engagements  of  her  husband.  She  may  hold  and  enjoy  as  her 
sole  and  separate  property.  Her  separate  estate  is  liable  for 
necessaries  purchased  by  herself  for  the  use  of  her  family,  provided 
her  husband's  property  does  not  satisfy.  She  may  petition  to  the 
court  for  leave  to  have  the  benefit  of  her  own  earnings,  which  will 
be  allowed.  She  cannot  make  a  valid  contract,  except  for  the  im- 
provement of  her  separate  estate  and  for  necessaries.  She  may 
loan  money  to  her  husband  and  take  security  for  the  same.  She 
may  make  a  will  of  her  separate  estate,  subject  to  her  husband's 
rights  as  tenant  by  courtesy. 


MARRIED  WOMEN.  5G1 

Rhode  Island. 

A  married  woman  maj  hold  real  and  personal  estate  not  coming 
from  the  husband,  free  from  all  interference  of  the  husband's 
creditors,  and  free  from  the  husband's  interference,  by  means  of 
trustees  appointed  in  the  ordinary  manner,  or  by  the  supreme 
court  on  petition.  She  is  nut  authorized  to  do  business  as  a  trader. 
Slie  may  sell  her  personal  estate  in  the  same  manner  as  her  real 
estate,  and  certain  unimportant  kinds,  such  as  clotliing,  books, 
and  similar  personal  articles,  except  jewels,  she  may  sell  as  if  sin- 
gle. Her  other  contracts,  except  her  warranties  in  conveyances 
of  real  estate,  are  utterly  void  and  do  not  bind  her  separate  estate. 
She  may  dispose  of  her  separate  estate  by  will,  but  cannot  deprive 
her  husband  of  his  rights  as  tenant  by  courtesy.  Any  policy  of 
insurance  for  her  benefit,  not  exceeding  ten  thousand  dollars,  is 
hers  independently  of  her  husband,  or  "any  other  party  or  parties. 

South  Carolina. 

A  married  woman  may  own  real  and  personal  property  in  her 
own  name  and  separate  use,  whether  acquired  before  or  during 
marriage,  and  such  property  is  in  no  case  liable  for  the  debts  of 
the  husband.  She  may  control,  sell,  encumber,  or  bequeath  her 
separate  estate  in  the  same  manner  as  if  unmarried.  When  an 
action  concerns  her  separate  estate  she  may  sue  and  be  sued  alone. 
Judgment  may  be  entered  against  her  separately,  and  execution 
be  levied  upon  her  separate  property.  If  she  die  intestate  it  will 
descend  in  the  same  manner  as  is  provided  for  the  property  of  the 
husband. 

Tennessee. 

A  married  woman  may  hold  real  and  personal  property  to  her 
sole  and  separate  use.  She  can  manage  and  convey  the  same 
without  her  husband  joining  with  her  by  deed  or  will.  Her  sepa- 
rate estate  is  not-liable  for  tlie  debts  of  her  husband.  A  note  or 
any  other  obligation  made  by  a  married  woman  will  not  bind  her 
separate  estate,  unless  it  was  executed  with  the  express  intention 
to  bind  the  same,  or  unless  it  was  given  for  necessaries  for  herself 
or  her  minor  children.  She  may  dispose  of  her  separate  estate  by 
will. 

Texas. 

A  married  woman  can  Iiold  real  and  personal  property  to  her 
separate  use,  whether  acquired  before  or  after  marriage.  The 
marriage  of  a  female  minor  gives  her  all  the  rights  she  would  have 
if  of  age.  She  may  bind  herself  by  note,  draft,  or  endorsement, 
when  for  necessaries  for  herself  or  family,  or  for  her  separate 
estate.  All  property  acquired  during  marriage  is  common  property 
and  the  husband  may,  dispose  of  it  during  coverture.  If  there  are 
36 


562  RIGHTS    OF 

no  children  the  whole  goes  to  the  survivor,  otherwise  one  half. 
The  husband  must  join  the  wife  in  any  conveyance  of  her  separate 
estate.  The  wife  must  join  in  a  conveyance  of  homestead.  Com- 
mon property  is  liable  for  all  the  debts  contracted  during  covert- 
ure. She  may  make  a  will.  A  widow  is  entitled  to  the  use  of 
one  third  of  the  realty  during  her  life. 

Vermont. 

A  married  woman  may  hold  personal  property,  whether  ac- 
quired before  or  after  marriage,  for  her  sole  and  separate  use.  Her 
real  estate  and  its  revenues  are  exempt  from  attachment  for  her 
husband's  debts  and  the  husband's  interests  in  same  during  covert- 
ure— except  for  debts  for  necessaries  for  herself  and  family,  or  for 
work  and  materials  for  their  benefit.  The  earnings  of  a  married 
woman  and  savings  in  bank  are  not  subject  to  trustee  process  by 
her  husband.  She  may  insure  her  husband's  life  for  her  own  use, 
if  the  premium  does  not  exceed  three  hundred  dollars.  When 
abandoned  by  her  husband  she  may  maintain  action  in  her  own 
name.  A  married  woman  may  dispose  of  her  property  by  will. 
The  widow  is  entitled  to  dower  during  her  natural  life,  of  one 
third  of  the  real  estate  of  which  her  husband  died  seized,  unless 
she  has  relinquished  or  barred  the  same. 

'  Virginia. 

A  married  woman  may  hold  real  or  personal  property  to  her 
separate  use,  and  is  not  liable  for  the  debts  of  the  husband.  She 
may  make  contracts  in  relation  thereto.  She  may  sue  and  be  sued, 
but  her  husband  must  join  in  all  contracts  in  relation  thereto  ex- 
cept where  she  is  a  sole  trader,  and  shall  be  joined  in  any  suit. 
The  widow  is  entitled  to  one-third  part  of  all  the  real  estate  owned 
by  her  husband  during  coverture,  unless  she  has  relinquished  or 
barred  the  same.  She  may  devise  and  bequeath  her  separate 
property  subject  to  her  husband's  right  of  courtesy. 

West  Virginia. 

The  real  and  personal  property  of  a  married  woman  is  se- 
cured to  her  separate  use,  and  is  not  liable  for  the  debts  of 
her  husband.  She  may  devise  and  convey  her  property  the 
same  as  if  unman  ied,  provided  her  husband  joins  in  the  deed 
with  her.  If  living  separate  from  her  husband,  she  may  convey 
without  her  husband  joining.  Her  property  is  bound  for  her  debts 
contracted  before  marriage,  but  her  husband  is  not  liable  for  her 
ante  nuptial  debts.  She  may  hold  and  enjoy  patents  for  her 
inventions;  may  deposit  her  separate  funds  in  bank  and  withdraw 
the  same  on  her  own  check,  may  hold  stock  in  corporations  and 
vote  on  same.  She  may  make  a  will.  She  has  dower  in  all  the 
real  estate  her  husband  is  seized  of  during  coverture,  and  she 
must  join  her  husband  in  the  execution  of  all  deeds  to  the  same. 


MORTGAGES.  563 

Wisconsin. 

A  married  woman  may  hold  real  and  personal  property  for 
her  sole  and  separate  use,  whether  owned  by  her  before,  or 
acquired  in  any  way  during  marriage,  and  is  not;  liable  for  the 
debts  of  the  husband.  She  has  free  and  full  control  of  the  same, 
and  may  convey,  devise,  or  encumber  without  the  consent  of  her 
•husband,  but  is  liable  for  all  debts  contracted  by  her  before  mar- 
riage and  after  on  account  of  her  separate  estate,  and  can  be  sued 
for  the  same.  The  husband  must  be  sued  also,  though  she  may 
sue  as  if  unmarried.  She  may  insure  the  life  of  her  husband,  >on,  or 
any  other  person,  for  her  own  exclusive  benefit,  and  may  make  and 
hold  deposits  in  savings  banks.  She  is  entitled  to  dower  in  all  the 
real  estate  owned  by  the  husband  during  cov^erture,  unless  she  has 
barred  or  relinquished  the  same.  The  husband  holds  the  wife's 
realty  for  life  unless  she  left,  by  a  former  husband,  issue  to  whom 
the  estate  might  descend. 

Canada. 

In  the  several  provinces  of  Canada,  generally,  a  married  woman 
may  hold  all  her  real  and  personal  property  and  earnings  free  from 
the  control  of  her  husband.  Such  property  is  liable  for  her  ante- 
nuptial debts,  and  his  is  not.  She  may  manage,  convey,  or  be- 
queath it.  She  is  entitled  to  dower.  There  is  no  tenancy  by 
courtesy.  In  the  province  of  Ontario  this  is  the  law.  In  New 
Brunswick  a  wife's  property  acquired  before  marriage  is  in  no  case 
liable  for  her  husband's  debts.  The  husband's  property  is  liable 
for  the  wife's  ante-nuptial  debts  on  judgment  being  obtained 
against  him.  In  Nova  Scotia  the  husband's  property  is  liable  for 
debts  contracted  by  his  wife  previous  to  marriage;  and  as  to 
his  wife's  estate  acquired  previous  to  marriage,  the  husband 
has  full  control  except  over  entailed  property.  In  Quebec  the  law 
is  founded  on  the  French  common  and  statute  law.  All  the  prop- 
erty of  either  party  becomes  common  property,  which  the  husband 
administers.  I^ch  can  bequeath  only  his  or  her  interest,  and  the 
heirs  of  each  inherit  the  interest  of  each. 


Mortgages 

A  mortgage  is  an  instrument  in  writing,  and  is  the  conveyance 
of  real  property,  subject  to  the  right  of  redemption.  It  is  gener- 
ally given  by  a  debtor  to  a  creditor  as  security  for  his  debt.  The 
person  giving  a  mortgage  is  called  the  mortgagor.  The  person 
receiving  it,  the  mortgagee. 

A  mortgage  does  not  differ  materially  from  a  deed  in  fee-simple, 
except   in'  the  condition   attached,  which   consists  of  a  clause  in- 


564  KELATING   TO- 

serted  before  the  clause  of  execution  to  the  effect  that  if  the  mort- 
gagor shall  pay  to  the  mortgagee  a  certain  amount  of  money  at  a 
certain  time ,  then  the  deed  shall  be  void. 

A  note  or  bond  may  be  given  to  be  secured  by  the  mortgage— 
the  instrument  should  distinctly  state  which  is  given;  also  should 
clearly  state  any  special  terms  agreed  upon.  A  mortgage  given 
to  secure  the  purchase  money  will  take  precedence  before  any 
other  mortgage. 

The  mortgagee  has  a  valid  right  and  title  to  the  land,  immedi- 
ately upon  the  delivery  of  the  mortgage,  and  has  a  legal  right  to 
take  possession  of  the  land,  unless,  as  is  now  common,  the  deed 
provides  that  the  mortgagor  may  retain  possession,  the  mortgagor 
having  surrendered  all  his  rights,  except  the  right  of  redemption, 
at  the  time  of  executing  the  deed. 

In  former  years  the  mortgagor  could  not  redeem  his  land  unless 
the  debt  was  paid  before  or  when  it  became  due,  and  he  had  no 
further  right.  Now,  however,  the  statutes  of  the  various  States 
have  adopted  a  rule,  giving  the  mortgagor  a  certain  time  after  the 
expiration  of  the  mortgage,  in  which  he  may  redeem  the  prop- 
erty by  paying  the  debt,  with  interests  and  costs. 

This  is  called  his  ef[iiity  of  redemption.  A  mortgagor  may  sell 
this  right  of  redemption,  or  he  may  give  a  second  mortgage,  or  it 
may  be  attached  by  creditors,  or  in  case  of  insolvency  it  would 
form  part  of  his  assets. 

Mortgage  deeds  are  now  commonly  drawn  with  a  clause  contain- 
ing an  agreement  of  the  parties,  that  if  the  money  is  not  paid  when 
it  is  due,  the  mortgagee  may,  in  a  certain  number  of  days  there- 
after, sell  the  land  (providing  also  such  precautions  to  secure  a 
certain  price  that  may  be  agreed  upon)  and,  reserving  enough  to 
pay  his  debts  and  charges,  pay  over  to  the  mortgagor  his  balance; 
such  action  removes  all  claim  of  the  mortgagor  in  a  court  of 
equity.  This  is  called  a  sale  mortgage  and  is  sanctioned  by  law; 
all  mortgages  that  do  not  contain  the  above  stinulation  possess  an 
equity  of  redemption. 

The  right  of  redemption,  or  equity  of  redemption,  does  not 
begin  until  the  mortgagee  has  entered  to  foreclose,  even  though 
the  debt  has  been  due  for  a  number  of  years.  In  foreclosing,  the 
mortgagee  must  enter  upon  the  property,  in  a  peaceful  manner,  in 
the  presence  of  witnesses,  or  by  action  at  law. 

A  mortgagor  who  intends  to  redeem  must  tender  the  debt  with 
interests,  lawful  costs,  and  the  charges   of  mortgagee.      He  will 


MORTGAGES.  565 

be  allowed  all  rents  and  profits  that  the  mortgagee  may  have  re- 
ceived, or  would  have  received  but  for  his  own  negligence. 

Another  stipulation  now  commonly  used  is,  that  the  mortgagor 
shall  keep  the  premises  insured  in  a  certain  sum  for  the  benefit  of 
the  mortgagee.  If  this  agreement  is  not  expressed  in  the  deed, 
and  the  mortgagee  insures  the  buildings,  he  cannot  recover  the 
premium  from  the  mortgagor. 

If  buildings  are  erected  on  the  property  during  continuance  of 
mortgage,  or  after  foreclosure,  whether  by  the  mortgagor  or 
mortgagee,  the  party  securing  final  possession  gets  the  benefit 
of  them  all,  without  paying  the  other  for  them.  This  is  the  law, 
provided  no  stipulation  is  made  in  the  deed,  although  any  agree- 
ment maybe  made  between  them,  but  must  be  incorporated  in  the 
deed. 

To  release  and  discharge  a  mortgage  it  is  necessary  to  follow 
the  statute  law  governing  such  releases.  They  differ  in  many 
States.  It  is  common  in  some  States  for  the  recorder  or  register 
of  deeds  to  write  on  the  margin  of  the  record  of  the  mortgage  an 
acknowledgment  of  satisfaction,  release  or  discharge.  This  must 
be  signed  by  the  mortgagee.  Another  practice  is  to  release  a 
mortgage  by  a  quit-claim  deed  from  the  mortgagee  or  holder  of  the 
land,  to  mortgagor  or  holder  of  equity  or  right  of  redemption. 
Any  writing  which  clearly  declares  that  the  debt,  obligation  or 
covenant  which  the  mortgage  was  intended  to  secure  has  been 
fully  paid,  satisfied  or  performed,  will  have  the  eff'ect  of  discharg- 
ing and  annulling  a  mortgage.  Such  instrument  must  be  duly 
signed,  sealed,  acknowledged  and  recorded.  Like  other  deeds,  it 
takes  effect  from  the  time  it  is  placed  in  the  hands  of  the  recorder. 


CHAPTER  XXI. 

ABSTEACTS  OF  STATE  LAWS  RELATING  TO  WILL.S, 

EsrsoLVBisrcY,  assignments  and  exemptions. 

Also  a  valuable  circular  on  Homesteads,  etc.,  for  tlie  collection 
and  arrangement  of  most  of  which  the  author  and  compiler  of  this 
work  acknowledges  his  indebtedness  greatly  to  that  excellent  book 
entitled  *'  Gaskell'o  Compendium"  through  the  courtesy  of  Messrs. 
Fairbanks,  Palmer  &  Co.,  of  Chicago  and  Kew  York  City,  its  enter- 
prising publishers. 

Abstract  of  the  Laws  of  all  the  States  concerning  Wills. 

Alabama. 

All  persons  of  full  age  and  sound  mind  may  make  a  will.  It 
must  be  in  writing,  signed  by  the  testator,  attested  by  at  least  two 
witnesses  in  the  presence  of  the  testator. 

Arkansas. 

The  testator  must  be  twenty-one  years  or  more  of  age,  of  sound 
mind;  he  must  subscribe  his  name  at  the  end  of  thewill,  in  the 
presence  of  two  witnesses,  and  acknowledge  it  to  be  his  will,  and 
the  witnesses  must  sign  at  the  request  of  the  testator. 

California. 

Any  married  woman  may  dispose  of  all  her  estate  by  will,  and 
may  alter  and  revoke  such  will,  but  the  consent  of  the  husband,  in 
writing,  must  be  atmexed  to  every  such  instrument,  and  it  must  be 
subscribed,  attested,  proven,  and  recorded  in  like  manner  as  a 
will  isrequire<l  to  be  witnessed,  proven  and  recorded,  unless  the 
xvife  has  power  to  make  a  will,  conferred  by  marriage  contract, 
signed  by  her  hnsband  before  marriage. 

No  wills  except  nuncupative  wills,  shall  be  valid,  unless  m 
writing,  and  signed  by  the  testator  or  by  some  person  in  his  pres- 
ence, and  by  his  express  direction,  and  attested  by  two  or  more 
competent  witnesses  subscribing  their  names  to  the  will,  in  the 
presence  of  the  testator. 

No  nuncupative  will  bequeathing  an  estate  over  $500,  shall  be 
valid  unices  proved  by  two  witnesses,  who  were  present  at  the 
■■  (566) 


CONCERNING  WILLS.  567 

making  thereof;  nor  unless  it  be  proved  that  the  testator,  at  the 
time  of  pronouncing  the  same,  did  bid  some  one  present  to  bear 
witness  that  such  was  his  will,  or  to  that  eftect;  nor  unless  such 
nuncupative  will  was  made  at  the  time  of  the  last  sickness,  and  at 
the  dwelling-house  of  the  deceased,  or  where  he  or  she  had  been 
residing  for  the  space  of  ten  days  or  more,  except  when  sucii  per- 
son was  taken  sick  from  home,  and  died  before  his  or  her  return. 
Olographic  wills  are  valid. 

Colorado. 

All  wills  must  be  in  wi'iting,  signed  by  the  testator  or  some  one 
in  his  presence,  at  his  request,  and  attested  in  his  presence  by  two 
or  more  credible  witnesses. 

Connecticut. 

Every  person  eighteen  years  of  age,  or  more,  and  of  sound 
mind  may  make  a  will,  and  every  devise  passes  the  whole  title 
unless  clearly  limited;  the  will  must  be  in  writing,  signed  by  the 
testator,  and  attested  by  three  witnesses  in  his  presence,  and  in 
presence  of  each  other. 

Dela^ware. 

Any  person  of  the  age  of  twenty-one  years,  and  of  sound  mind, 
may  make  a  will..  Married  women,  with  the  consent  in  writing, 
of  the  husband,  signed  and  sealed  in  pre^ence  of  two  witnesses, 
may  make  a  will.  The  will  must  be  in  writing,  signed  by  the 
testator,  and  attested  by  two  credible  witnesses. 

Florida. 

-  Every  person  of  the  age  of  twenty-one  years,  and  of  sound 
mind,  may  make  a  will,  and  such  will  must  be  signed  by  the  tes- 
tator, or  by  some  one  in  his  or  her  presence,  and  by  his  or  her 
direction  and  attested  and  subscribed  in  his  or  her  presence  by 
three  or  more  witnesses.  Nuncupative  wills  must  be  proved  by 
three  witnesses  present. 

Georgia. 

Persons  of  fourteen  years  of  age,  and  sound  mind,  may  make  a 
will.  A  married  woman  may  make  a  will  of  her  separate  estate. 
Wills  must  be  in  writing,  signed  by  the  testator,  or  by  some  per- 
son in  his  presence,  and  by  his  express  direction,  and  attested  and 
subscribed  by  at  least  three  competent  witnesses. 

Illinois. 

Any  male  of  twenty-one  years,  or  female  of  eighteen  years,  of 
sound  mind  and  memory,  may  make  a  will.  It  must  be  in  writing. 


568  .  STATE  LAWS 

signed  by  the  testator,  or  by  some  one  in  his  presence,  and  by  his 
direction,  and  attested  by  two  or  more  credible  witnesses  in  the 
presence  of  the  testator,  who  must  be  able  to  say  they  saw  the 
testator  sign. 

Indiana. 

All  persons,  except  infants  and  persons  of  unsound  mind,  may 
make  a  will.  Every  devise  passes  the  testator's  whole  interest. 
The  will  must  be  in  writing,  signed  by  the  testator,  or  in  his  pres- 
ence, and  by  his  consent,  and  attested  and  subscribed  in  his 
presence,  by  two  or  more  competent  witnesses. 

loTva. 

Testator  must  be  of  full  age  and  sound  mind.  Personal  property 
to  the  value  of  three  hundred  dollars  may  be  bequeathed  by  a 
verbal  (nuncupative)  will,  attested  by  two  competent  witnesses. 
All  other  wills  must  be  in  writing,  witnessed  by  two  competent 
witnesses,  and  signed  by  the  testator,  or  by  some  one  in  his 
presence,  and  by  his  express  direction.  Subsequent  incompetency 
of  the  witness  will  not  invalidate  the  will. 

Kansas. 

Any  person  of  full  age  and  sound  mind  may  make  a  will.  It 
must  be  in  writing,  signed  at  the  end  by  the  testator,  or  by  some 
one  in  his  presence,  and  by  his  direction,  and  it  must  be  attested 
in  the  presence  of  the  testator,  by  two  or  more  competent  witnesses, 
who  saw  the  testator  sign,  and  heard  him  acknowledge  the  will 
for  his  last  will  and  testament. 

Kentucky. 

The  testator  must  be  of  sound  mind,  and  not  under  twenty-one 
years,  not  a  married  woman;  but  married  women  may  make  a 
will  of  their  separate  estate.  It  must  be  in  writing,  signed  by  the 
testator,  or  someone  for  him,  and  if  not  wholly  written  by  himself, 
must  I)e  subscribed  or  acknowledged  in  the  presence  of  at  least 
two  credible  witnesses,  who  must  sign  in  the  presence  of  the  tes- 
tator. 

Liouisiana. 

Wills  are  ot  three  kinds  :  1.  Nuncupative,  or  open  testaments. 
2.  Mystic,  or  sealed  testaments.  3.  Olographic  testaments.  Nun- 
cupative testaments,  by  public  act,  must  be  received  by  a  notary 
public  in  the  presence  of  three  witnesses,  residing  where  the  will 
is  executed,  or  hve  witnesses  not  residing  in  such  ])lace.  It  must 
be  dictated  by  the  testator,  and  written  by  the  notary  as  dictated, 


CONCERNING    WILLS.  569 

then  read  to  tlie  testator  in  tho  presence  of  the  witnesses,  and 
signed  by  the  testator  and  attested  by  all  the  witnesses.  Nuncu- 
pative testaments,  by  private  act,  must  be  written  by  the  testator 
himself,  or  from  his  dictation,  in  the  presence  of  five  witnesses  not 
residing  in  the  place  where  the  will  was  made,  or  it  is  sufficient  if 
the  testator  presents  the  paper,  on  which  he  has  written  the  will, 
declaring  that  the  paper  contains  his  will.  It  must  be  read  by  the 
testator  to  the  witnesses,  and  signed  by  the  testator  and  all  the 
witnesses.  Mystic,  or  sealed,  testaments,  are  made  as  follows: 
The  testator  must  sign  his  dispositions,  and  the  paper  then  closed 
and  sealed.  He  shall  then  present  it  thus  closed  to  a  notary  public 
and  seven  witnesses;  he  shall  declare  it  to  be  his  last  will  and  tes- 
tament in  their  presence.  The  notary  must  then  draw  up  the  act 
of  superscription  on  the  same  paper  or  envelope,  and  sign  it, 
together  with  the  testator  and  the  witnesses.  Olographic  wills  are 
entirely  written,  dated  and  signed  by  the  testator  himself.  No 
woman,  male  child  under  sixteen  years  of  age,  insane,  deaf  and 
dumb,  or  blind  person  can  make  a  will. 

Maine. 

The  testator  must  be  of  sound  mind,  and  twenty-one  years  of 
age,  and  the  will  must  be  signed  by  the  testator,  or  some  one  in 
his  presence,  and  at  his  request,  and  subscribed  in  his  presence  by 
three  credible  witnesses  not  interested  in  the  will. 

Maryland- 
Wills  should  be  in  writing,  and  signed  by  the  party  making 
them,  or  by  some  other  person  in  his  presence  and  by  his  express 
directions,  and  shall  be  attested  and  subscribed  in  the  presence  of 
the  testator,  by  three  or  four  credible  witnesses.  A  wife  may 
make  a  will  and  give  all  her  property,  or  any  part  thereof,  to  her 
husband,  or  anyone  other  person,  with  the  consent  of  the  husband 
subscribed  to  said  will:  Provided^  The  wife  shall  have  been  privately 
examined  by  witnesses  to  said  will,  apart,  out  of  the  presence  and 
hearing  of  her  husband,  etc.  (in  the  same  manner  as  provided  for 
in  deeds):  Andpromded  also^  Said  will  be  made  sixty  days  before 
the  death  of  the  testatrix. 

Massachusetts. 

Every  person  of  full  age  and  sound  mind  may  make  a  will, 
which  must  be  in  writing,  signed  by  the  testator,  or  by  some  one 
in  his  presence,  and  by  his  direction,  and  attested  and  subscribed 
in  his  presence  by  three  or  more  competent  witnesses. 

Michigan. 

The  testator  must  be  of  full  age  and  sound  mind.  A  devise 
passes  the    whole   interest,   unless  specially  limited.      The    will 


570  STATE   LAWS 

must  be  iu  writing,  signed  by  the  testator,  or  some  one  in  his 
presence  and  by  his  direction,  and  attested  and  subscribed  in  his 
presence  by  two  or  more  competent  witnesses. 

Minnesota. 

Wills  must  be  in  writing,  subscribed  by  the  testator  or  by  some 
person  in  his  presence  and  by  his  express  direction,  attested  and 
subscribed  in  the  presence  of  the  testator  by  two  or  more  compe- 
tent witnesses. 

Mississippi. 

The  testator  must  be  twenty-one  years  old,  whether  male  or 
female,  and  of  sound  mind.  The  will  mast  be  signed  by  the 
testator,  or  some  one  in  his  presence,  and  by  his  direction,  and,  if 
not  olographic,  attested  by  threecredible  witnesses,  in  the  case  of 
a  devise  of  real  estate,  and  by  one  or  more  credible  witnesses  in 
case  of  a  devise  of  goods  and  chattels  and  personal  estate  who 
sign  in  presence  of  the  testator. 

Missouri. 

The  will  must  be  in  writing,  signed  by  the  testator,  or  some  one 
by  his  direction,  in  his  presence,  and  attested  by  two  or  more 
competent  witnesses,  who  sign  in  the  presence  of  the  testator. 
Wills  must  be  recorded  thirty  days  after  probate.  If  lands  in 
different  counties  are  devised,  a  copy  of  the  will  will  be  recorded 
in  the  recorder's  office  in  each  county,  within  six  months  after 
probate. 

Nebraska. 

Wills  must  be  in  writing,  signed  by  the  testator,  or  some  one  in 
his  presence,  and  by  his  direction,  and  attested  and  subscribed  in 
the  pi^sence  of  the  testator  by  two  or  more  competent  witnesses. 

Nevada. 

The  testator  must  be  eighteen  years  of  age  and  of  sound  mind. 
The  will  must  be  in  writing,  signed  by  the  testator,^  and  sealed 
with  his  seal,  or  by  some  one  in  his  presence,  by  his  direction- 
and  attested  in  the  presence  of  the  testator,  by  at  least  two  com- 
petent witnesses. 

Ne-w  Hampshire. 

Any  person  twenty-one  years  of  age  and  sound  mind  may  make 
a  will",  to  be  in  writing,  signed  and  sealed  by  testator,  or  some  one 
in  his  presence,  and  by  his  direction,  and  attested  and  subscribed 
by  three  or  more  credible  witnesses. 


CONCERNING  WILLS.  571 

New  Jersey. 

All  wills  must  be  in  writing,  signed  by  the  testator,  or  the  signa- 
ture acknowledged  by  him,  and  he  must  declare  the  writing  to  be 
his  last  will  in  the  presence  of  two  credible  witnesses,  present  at 
the  same  time,  and  who  must  subscribe  their  names  as  witnesses 
in  presence  of  tlie  testator. 

New  York. 

Wills  must  be  subscribed  by  the  testator  at  the  end,  in  the 
presence  of  each  of  the  attesting  witnesses,  or  acknowledged  by 
him  in  their  presence.  There  must  be  at  least  two  witnesses  who 
sign  their  names  at  the  end.  The  witnesses  to  any  will  ghall  write 
opposite  to  their  names  their  respective  places  of  residence;  if 
residing  in  a  city  the  street  and  number  of  the  house  should  also 
be  given. 

North.  Carolina. 

The  will  must  be  in  writing,  signed  by  the  testator,  or  some  one 
in  his  presence,  and  by  his  express  direction,  and  subscribed  in  his 
presence  by  at  least  two  witnesses,  no  one  of  whom  shall  be  inter- 
ested in  the  devise.  Or,  if  found  among  his  papers,  must  be  in 
his  own  handwriting,  and  his  name  subscril»ed  thereto,  in-cribed 
in  some  part  thereof,  and  the  handwriting  generally  known  to  his 
acquaintances,  and  proved  by  three  witnesses  to  be  every  part  in 
the  testator's  own  handwriting. 

Ohio. 

The  testator  must  be  of  full  age  and  sound  mind,  and  the  will 
must  be  in  writing,  signed  at  the  end  by  the  testator,  or  some- one 
in  his  presence  and  by  his  direction,  and  attested  by  two  or  more 
competent  witnesses,  who  saw  the  testator  sign,  and  heard  him 
acknowledge  the  will. 

Oregon. 

Testator  must  be  of  full  age  and  sound  mind.  The  will  must  be 
in  writing,  signed  by  the  testator,  or  some  one  for  him,  and 
attested  by  two  or  more  competent  witnesses  in  his  presence. 

Pennsylvania. 

Any  person  of  full  age  and  sound  mind  may  make  a  will.  Tt 
must  be  in  writing,  and,  unless  the  person  making  the  same  shall 
be  prevented  by  the  extremity  of  his  last  sickness,  shall  be  signed 
by  him  at  the  end  thereof,  or  by  some  person  in  his  presence  and 
by  his  expi-ess  direction,  and  in  all  cases  shall  be  proved  by  the 
oaths  or  affirmation  of  two  or  more  competent  witnesses. 


572  STATE  LAWS 

EJiode  Island. 

The  will  must  be  in  writing,  signed  by  the  testator,  or  by  some 
one  for  him,  and  attested  and  subscribed  in  his  presence,  by  two 
or  more  competent  witnesses. 

South  Carolina. 

Three  or  more  credible  witnesses  are  necessary  who  must  sign 
in  presence  of  the  testator.  The  will  must  be  in  writing,  and 
signed  by  the  testator. 

Tennessee. 

Wills  must  be  subscribed  by  the  testator,  or  some  one  for  him, 
and  attested  and  subscribed  in  his  presence,  by  at  least  two  wit- 
nesses. Olographic  wills  tound  among  the  testator's  valuable 
papers,  or  deposited  for  safe  keeping,  are  allowed,  if  the  hand- 
writing is  proved  by  three  witnesses. 

Texas. 

Testator  must  be  of  age  and  sound  mind,  and  the  will  must  be 
signed  by  testator,  or  for  him  in  his  presence,  and  by  his  direction, 
and  if  not  wholly  written  by  himself,  attested  by  two  or  more 
credible  witnesses  aiiove  the  age  of  fourteen  years,  subscribing 
their  names  in  his  "oresence. 

Vermont. 

A  will  must  be  in  writing,  signed  by  the  testator,  or  for  him,  in 
his  presence,  and  by  his  express  direction,  and  attested  and  sub- 
scribed by  three  or  more  credible  witnesses,  in  the  presence  of 
the  testator,  and  of  each  other. 

Virginia. 

Wills  should  be  in  writing,  and  signed  by  the  testator,^  or  by 
some  one  in  his  presence  and  by  his  express  direction,  in  such 
manner  as  to  make  it  manifest  that  the  name  is  intended  as  a  sig- 
nature ;  and,  moreover,  unless  it  be  wholly  written  by  the  testator, 
the  signature  shall  be  made,  or  the  will  acknowledged  by  him  in 
the  presence  of  at  least  two  competent  witnesses,  present  at  the 
same  time,  and  such  witnesses  shall  subscribe  the  will  in  the  pres- 
ence of  the  testator,  but  no  form  of  attestation  shall  be  necessary. 

West  Virginia. 

The  testator  must  be  twenty-one  years  of  age,  and  of  sound 
mind.  The  will  must  be  in  writing,  signed  by  the  testator,  or  by 
some  one  for  him,  in  his  presence,  and  by  his  direction,  and  unless 


ASSIGNMENT  LAWS.  573 

olographic,  the  signature  must  be  made  and  the  will  acknowledged 
in  the  presence  of  two  competent  witnesses,  present  at  the  same 
time,  and  who  subscribe  in  presence  of  the  testator. 

Wisconsin. 

No  will  made  within  this  State,  except  such  nuncupative  wills  as 
are  mentioned  in  section  number  6,  chapter  lxvi,  of  the  Revised 
Statutes,  shall  l)e  effectual  to  pass  any  estate,  whether  real  or  person- 
al, nor  to  chanf^e  or  in  any  way  affect  the  same,  unless  it  be  in  writing, 
and  signed  by  the  testator,  or  by  some  person  in  his  presence,  and 
by  his  express  direction,  and  attested  and  subscribed  in  the  pres- 
ence of  the  testator  by  two  or  more  competent  witnesses,  and  if 
the  witnesses  are  competent  at  the  time  of  attesting  the  execution 
of  the  will,  their  subsequent  incompetency,  from  whatever  cause 
it  may  arise,  shall  not  prevent  the  probate  and  allowance  of  the 
will,  if  it  be  otlierwise  satisfactorily  proved. 


INSOLVENT    AND    ASSIGNMENT    LAWS    OF    THE 
DIFFERENT  STATES  OF  THE  UNION. 

Since  the  repeal  of  the  United  States  Bankrupt  Law,  the  laws  of 
the  different  States  respecting  insolvency,  assignments  for  the 
benefit  of  creditors,  exemptions  of  property  from  liability  for  debts, 
and  attachments  of  property  upon  mesne  process  have  become  of 
general  interest.  A  short  epitome  of  them  is  here  presented. 
The  following  are  some  of  the  general  rules  governing  these  mat- 
ters, 

A  discharge  in  insolvency  does  not  aff^ect  the  rights  of  a  cred- 
itor, who  is  not  within  the  jurisdiction  of  the  State  where  the  dis- 
charge is  granted,  and  does  not  submit  himself  to  that  jurisdiction 
by  proving  his  claim  against  the  estate  of  the  debtor. 

In  the  absence  of  statutes,  assignments  of  property  forthe  benefit 
of  creditors  are  valid,  even  though  they  provide  for  preferences, 
and  for  a  release  of  the  debtor  by  creditors  taking  the  benefit  of 
them. 

An  involuntary  assignment,  under  the  laws  of  one  State,  of 
choses  in  action  and  other  property,  in  another,  is  not  good  against 
attaching  creditors  in  the  second  State. 

A  voluntary  assignment  will  not  prevail  against  a  prior  attach- 
ment, nor  against  a  subsequent  attachment,  unless  the  assignment 
is  valid,  under,  and  executed  with  the  formalities  required  by,  the 
laws  of  the  State  where  the  property  is  attached. 


574  INSOLVENT  AND 

For  exemptions  see  abstracts  of  State  laws  governing  exemp- 
tions. 

•  Alabama. 

No  insolvent  law.  Assignments  regulated  by  statute,  whicli 
forbids  preferences,  or  any  provision  for  the  release  of  tlie  debtor. 
Attachments  issue  against  a  defendant  who  is  a  non-resident,  or 
absconds,  or  removes  his  property  from  the  State,  or  is  guilty  of 
fraud,  etc.  A  bond  is  required  of  plaintiff.  Limit  of  jurisdiction 
justice  of  the  peace  $100. 

Arizona. 

No  insolvent  or  assignment  law.  Attachments  issue  in  actions 
upon  contract  for  direct  payment  of  money  where  plaintifi'  has  no 
security,  or  when  defendant  is  a  non-resident,  etc.  The  plaintift 
must  give  bond.     Limit  of  jurisdiction  justice  of  the  peace  $300. 

Arkansas. 

No  insolvent  law.  Assignments  regulated  by  statute,  which 
forbids  preferences  and  frees  the  debtor  from  liability  to  arrest  or 
imprisonment.  Attachments  issue  against  a  defendant  who  is  non- 
resident, about  to  leave  the  State,  avoids  service  of  process,  con- 
ceals property,  or  is  guilty  of  fraud,  etc.  Limit  of  jurisdiction  jus- 
tice of  the  peace  $300 

California. 

An  insolvent  law,  by  wliich  a  debtor  surrendering  his  property 
may  receive  a  discharge  from  his  debts.  No  preferences  permitted. 
No  discharge  in  case  of  fraud,  nor  from  debts  due  as  a  depositary 
of  funds  received  as  banker,  broker,  or  commission  mer^diant. 
Assignments  not  allowed,  unless  under  this  law.  Attachments, 
when  defendant  is  a  non-resident,  or  in  an  action  upon  contract  for 
direct  payment  of  money,  where  plaintifi  has  no  security,  tlie  plain- 
tift giving  bond.     Limit  of  jurisdiction  justice  of  the  peace  $300. 

Colorado. 

No  insolvent  or  assignment  laws.  Attachments  (plaintifi  giv- 
ing l)ond)  wlien  defendant  is  non-resident,  or  conceals  himse  f,  or 
stands  in  deiiance  of  olhcer,  or  in  case  of  fraud,  etc.  Limit  of 
jurisdiction  justice  of  the  ueace  $300. 

Connecticut. 

Insolvent  law  with  com)>uisory  ]iroceedings,  which  may  be  taken 
by  creditor  to  amount  of  $100.     Property  put  into  hands  of  trustee. 


ASSIGNMENT    LAWS.  575 

Discharge  from  debts  proved,  upon  payment  of  seventy  per  cent. 
Debtors  property  exempt  for  two  years  from  legal  process  upon 
debts  which  might  have  been  proved.  Assignments  must  be  ad- 
ministered under  this  law.  Attachments  on  mesne  process,  in  all 
cases.     Limit  of  jurisdiction  justice  of  the  peace  $100. 

Dakota. 

No  insolvent  law.  Assignments,  without  preferences,  allowed, 
but  are  void  against  any  creditor  not  assenting  thereto,  if  they  tend 
to  coerce  the  creditor  to  release  his  claim,  or  provide  for  payment 
of  fraudulent  claim,  or  reserve  any  benefit  to  assignor,  or  confer 
any  power  upon  assignee,  which  may  delay  the  conversion  of  the 
assigned  property,  or  exempt  the  assignee  from  liability  from 
neglect  of  duty,  etc.  Attachments  (plaintiff  giving  bond)  when 
defendant  is  non-resident,  absconds,  conceals  or  conveys  property 
in  fraud  of  creditors,  etc.  Limit  of  jurisdiction  justice  of  the  peace 
$100. 

Delaware. 

Ko  insolvent  law.  An  imprisoned  debtor  may  be  released  upon 
making  an  assignment,  except  in  cases  of  fraud.  Yoluutary  as- 
signments governed  by  the  common  law,  except  that  a  special 
partnership  may  not  give  preferences.  Attacliments  (plaintiff  giv- 
ing bond)  when  defendant  has  fraudulently  left  the  State,  etc. 
Limit  of  jurisdiction  justice  of  the  peace  $100. 

District  of  Columbia. 

No  insolvent  or  assignment  laws,  except  that  assignments  of  the 
property  of  a  special  purtnersliip  with  preferences  are  void.  At- 
tachment (plaintiff  giving  bond)  when  the  defendant  is  non-resi- 
dent, or  removes,  or  is  about  to  remove  his  property,  etc. 

Florida. 

No  insolvent  or  assignment  law.  Attachments  (the  plaintiff 
giving  bond)  when  the  defendant  is  non  resident,  or  about  to  part 
with  his  property  fraudulently,  or  remove  from  the  State,  or 
fraudulently  secrete  property,  etc.  Limit  of  jurisdiction  justice  of 
the  peace  $100. 

Georgia. 

No  insolvent  law.  Assignments  regulated  by  a  statute,  which 
permits  preferences,  except  by  special  partnership,  but  forbids  the 
reservation  of  any  benefit  to  the  assignor.  Attachments  (the 
plaintiff  giving  bond)  when  defendant  is  non-resident,  absconds, 
conceals  himself,  resists  a  legal  arrest,  removes,  or  is  about  to  re- 


576  INSOLVENT    AND 

move  his  property,  or  fraudulently  dispose  of  the  same.     Limit  of 
jurisdiction  justice  of  the  peace  $100. 

Idaho. 

Insolvent  law,  under  which  the  debtor  is  discharged  upon 
making  an  assignment,  as  therein  provided,  except  in  cases  of 
fraud.  Attachments  (plaintiff  giving  bond)  in  actions  upon  con- 
tract for  the  direct  payment  of  money,  when  the  plaintiff  has  no 
lien  or  security,  or  when  the  defendant  is  a  non-resiJent,  etc. 
Limit  of  jurisdiction  justice  of  the  Deace  $100. 

Illinois. 

No  insolvent  law.  Assignments  without  preference,  upon 
making  which  an  imprisoned  debtor  may  be  released,  allowed  and 
regulated  by  statute.  Attachments  (plaintiff  giving  bond)  when 
defendant  is  non  resident,  absconds,  conceals  himself  or  his  prop- 
erty, is  guilty  of  fraud,  etc.  Limit  of  jurisdiction  justice  of  the 
peace  $200. 

Indiana. 

No  insoh^ent  law.  Assignments,  without  preferences  or  pro- 
vision for  release  of  debtor,  allowed  and  regulated  by  statute. 
Attachments  substantially  same  as  Illinois.  Limit  of  jurisdiction 
justice  of  the  peace  $200. 

Iowa. 

No  insolvent  law.  Assignments,  without  preferences,  allowed 
and  regulated  by  statute.  Attachments  substantially  same  as  in 
Illinois.  Limitof  jurisdiction  justice  of  the  peace  $100.  By  con- 
sent of  parties  $300. 

Kansas. 

No  insolvent  law.  Assignments,  without  preference,  allowed 
and  regulated  by  statute.  Attachments  substantially  as  in  Illinois. 
Limit  of  jurisdiction  justice  of  the  peace  $300. 

Kentucky. 

No  insolvent  law.  Assignments  regulated  by  statute.  Any 
preference  may  be  set  aside  in  six  months.  Attachment  substan- 
tially as  in  Illinois.  Limit  of  jurisdiction  justice  of  the  peace 
$100. 

Louisiana. 

Insolvent* law,  with  compulsory  proceedings  by  a  judgment 
creditor,  upon  the  return  of  the  execution  "no  property  found." 
The  debtor  makes  a  surrender   to  the  creditors,  and   may  be  dis- 


ASSIGNMENT   LAWS.  577 

charged  by  consent  of  a  majority  ot  creditors  in  number  and 
amount,  except  in  case  fraud  or  preference  is  proved.  Assign- 
ments, without  preference,  may  be  made  without  regard  to  the 
insolvent  hiw.  Attachment  substantially  as  in  Illinois.  Limit  of 
jurisdiction  justice  of  the  peace  $100. 

Maine. 

Insolvent  law,  passed  in  1878  and  extensively  amended  1879, 
modeled  on  the  U.  S.  Bankrupt  Law.  Voluntary  petition  may  be 
filed  by  debtor  (jwing  $300.  Involuntary  proceedings  by  at  least 
two  creditors,  having  one  fourth  in  amount  of  the  provable  debts. 
Debtors  owing  less  than  $300  may  make  an  assignment  in  a  sum- 
mary manner.  JSTo  percentage  is  required  to  be  paid  to  entitle  a 
debtor,  for  the  first  time  insolvent,  to  discharge.  Attachments 
within  four  months  from  date  of  filing  petition  dissolved.  Prefer- 
ences given  within  two  months  void,  and  may  be  recovered  by 
assignee.  Assignments  are  probably  acts  of  insolvency  and  may 
be  set  aside  by  the  assignee  in  insolvency,  if  made  within  four 
moiithsof  the  filing  of  the  petition.  Otherwise  probably  good,  if 
without  preferences.  Attachments  on  mesne  process  in  "all  cases . 
Limit  of  jurisdiction  justice  of  the  peace  $100. 

Maryland. 

Insolvent  law,  under  which  the  debtor  is  discharged  upon  sur- 
render of  his  property,  except  where  fraud  or  preference  is  proved. 
Assignments  subject  to  rules  of  common  law.  Attachment  (plain- 
tiff giving  bond)  when  defendant  is  non-resident,  and  in  cases  of 
fraud,  etc.     Limit  of  jurisdiction  justice  of  the  peace  $100. 

Massachusetts. 

Insolvent  law,  similar  to  the  U.  S.  Bankrupt  Law.  Proceedings 
generally  the  same  except  that  involuntary  petition  may  be  filed 
by  one  creditor,  and  the  acts  of  insolvency  are  not  so  numerous. 
Discharge  upon  payment  of  fifty  per  cent. ,  or  by  consent  of  ma- 
jority of  number  and  value  of  creditors.  JSTone  in  case  of  fraud  or 
preference.  Assignments  are  acts  of  insolvency,  but  good  if  not 
avoided  by  assignee  in  insolvency.  Attachments  on  mesne  pro- 
cess, in  all  cases.     Limit  of  jurisdiction  justice  of  the  peace  $300. 

Michigan. 

Insolvent  law,  by  which  a  debtor,  with  the  consent  of  two  thirds 
of  his  creditors,  and  upon  surrendering  his  property,  may  be 
discharged.  Assignments  allowed  and  regulated  by  act  of  IS 79. 
Attachments  (^plaintiff  giving  bond)  issue  when  defendant  is  a 
non-resident,  or  is  guilty  of  fraud,  etc.  Limit  of  jurisdiction  iustice 
of  the  peace  $300. 
37 


578  INSOLVENT   AND 

Minnesota. 

No  insolvent  law.  Assignments,  without  preference,  allowed 
and  regulated  by  statute.  Attachment  (plaintiff  giving  bond) 
when  defendant  is  non-resident,  conceals  his  property,  is  guilty  of 
fraud,  etc.     Limit  of  jurisdiction  justice  of  the  peace  $100. 

Mississippi. 

No  insolvent  law.  Assignments  not  requiring  a  release  of  the 
debtor  allowed.  Attachments  (plaintiff  giving  bond)  when  defend- 
ant is  non-resident,  conceals  property,  or  is  guilty  of  fraud,  etc. 
Limit  of  jurisdiction  justice  of  the  peace  $150. 

Missouri. 

No  insolvent  law.  Assignments,  without  preference,  allowed 
and  regulated  by  statutes  amended  in  1879.  Attachments  (plaintiff 
giving  bond)  when  defendant  is  a  non-resident,  conceals  himself 
or  property,  or  is  guilty  of  fraud.  Limit  of  jurisdiction  justice  of 
the  peace  $300. 

Montana. 

No  insolvent  or  assignment  laws.  Attachments  in  actions  upon 
contracts  to  pay  money,  the  plaintiff  giving  bond  in  double  the 
value  of  property  attached ;  also  before  debt  due,  if  debtor  fraud- 
ulently disposes  of  his  property  to  defraud  his  creditors.  Limit  of 
jurisdiction  justice  of  the  peace  $100. 

Nebraska. 

No  insolvent  law.  Assignments,  without  preference,  allowed 
and  regulated  by  a  recent  statute,  1877.  Attachments  (the  plaintiff 
giving  bond)  when  defendant  is  non  resident,  or  conceals  property, 
or  is  guilty  of  fraud,  etc.  Limit  of  jurisdiction  justice  of  the  peace 
$100. 

Nevada. 

Insolvent  law.  No  percentage  or  consent  required  for  dis- 
charge, which  is  only  from  debts  mentioned  in  debtor's  schedules. 
None,  if  fraud  or  preference,  etc.  Assignments  forbidden.  At- 
tachment (the  plaintiff"  giving  bond)  in  jictions  upon  contract  for 
d  irect  payment  of  money  where  pi aintiff"  has  no  security.  Limit  of 
jurisdiction  justice  of  the  peace  $300. 

New  Hampshire. 

No  insolvent  law.  Assignments,  without  preference,  or  pro- 
vision for  release  of  debtor  allowed  and  regulated  by  statute.    At- 


ASSIGNMENT    LAWS.  579 

tachment   on  mesne   process  in  all   cases.     Limit  of  jurisdiction 
justice  of  the  peace  $100. 

!N"e"w  Jersey. 

No  proper  insolvent  law.  Assignment  law  by  which  the  debtor 
is  discharged  from  the  debt  proved  under  assignment,  except 
where  the  debtor  is  guilty  of  fraud  or  concealment,  etc.  Attach- 
ment when  defendant  is  non-resident  or  absconds  from  his  cred- 
itors.    Limit  of  jurisdiction  justice  of  the  peace  $100. 

Ne-w  Mexico. 

No  insolvency  or  assignment  laws.  Attachments  substantially 
as  in  Illinois.     Limit  of  jurisdiction  justice  of  the  peace  $100. 

Nevr  York. 

Insolvent  law,  under  which  the  debtor  surrendering  his  property 
is  discliarged  by  consent  of  the  persons  representing  two  thirds  of 
the  debts.  No  discharge  if  fraud  or  preference  is  proved.  No  in- 
voluntary proceedings  unless  the  debtor  is  imprisoned.  Assign- 
ments and  the  duties  of  assignees  have  been  regulated  by  recent 
acts,  1877  and  1878.  Attachments  substantially  as  in  Illinois. 
Limit  ofjurisdiction  justice  of  the  peace  $200. 

North  Carolina. 

A  law  by  which,  upon  surrendering  his  property,  the  person  of 
the  debtor  is  free  from  liability  to  anest  or  imprisonment  except 
when  fraud  is  proved;  but  the  debt  is  not  discharged.  Assign- 
ments allowed.  Attachments  substantially  as  in  Illinois.  Limit 
of  jurisdiction  justice  of  the  peace  $200. 

OMo. 

A  law  similar  to  that  of  North  Carolina.  Assignments,  without 
preference,  allowed  ;ind  regulated  by  statute.  Attachments  sub- 
stantially as  in  Illinois.  Limit  of  jurisdiction  justice  of  the  peace 
$3()0. 

Oregon. 

Attachments  (the  plaintiff  giving  bond)  upon  all  contracts,  pay- 
ment of  which  is  unsecured.  Yoluntary  assignment  law  dissolves 
attachments,  if  made  at  any  time  before  judgment,  distributes 
assets  j9ro  rata  among  all  creditors  presenting  claims  within  three 
months.     Limit  ofjurisdiction  justice  of  the  peace  $250. 

Pennsylvania. 

Law  similar  to  that  of  North  Carolina.  Assignments,  without 
preference,  allowed  and  regulated  by  statute.     Attachments  sub- 


580  INSOLVENCY   AND 

stantially  as  in  Illinois,     Limit  of  jurisdiction  justice  of  the  peace 

$300 

Rhode  Island. 

No  insolvent  law.  Assignments  allowed  and  regulated  by  a 
recent  statute,  which  took  effect  September,  1878.  Attachments 
or  levies,  within  sixty  days  after  the  same  are  made  or  commenced, 
may  be  dissolved  by  an  assignment,  without  preference,  under  the 
act.  Upon  the  giving  of  a  preference  by  the  debtor,  any  three 
creditors  holding  not  less  than  one  third  of  the  debts  may  petition 
the  supreme  court  in  equity  for  the  appointment  of  a  receiver  of 
his  estate,  who  is  to  take  possession  like  an  assignee  in  bank- 
ruptcy. Preferences  given  by  the  debtor  within  sixty  days  of  the 
commencement  of  proceeding  are  void,  as  under  U.  S.  bankrupt 
law.  There  is  no  provision  for  the  discharge  of  the  debtor.  At- 
tachments, when  defendant  is  non-resident,  or  has  fraudulently 
contracted  the  debt,  or  conceals  or  disposes  of  his  property,  or  has 
refused  to  apply  his  property  to  the  payment  thereof.  Limit  of 
jurisdiction  justice  of  the  peace  $100.  ^ 

South  Carolina. 

No  insolvent  law.  Assignments,  without  preference,  allowed 
and  regulated  by  statute.  Attachments  substantially  as  in  Illinois. 
Limit  of  jurisdiction  justice  of  the  peace  $100. 

Tennessee. 

No  insolvent  law.  Assignments  according  to  common  law,  ex- 
cept that  limited  partnerships  may  not  make  assignments.  At- 
tachments substantially  as  in  Illinois.  Limit  of  jurisdiction  jus- 
tice of  the  peace  $500. 

Texas. 

By  law  of  1879,  debtor  may  assign,  without  preference,  for  the 
benefit  of  such  creditors  only  as  will  assent  to  the  discharge.  At- 
tachments substantially  as  in  Illinois.  Limit  of  jurisdiction  justice 
of  the  peace  $200. 

Utah. 

Law  as  to  insolvency  and  assignments  substantially  same  as  in 
Tennessee.  Attachments  (when  plaintiff  has  no  security)  sub- 
stantially as  in  Illinois.  Limit  of  jurisdiction  justice  of  the  peace 
$300. 

Vermont. 

Insolvent  law  of  1876,  modeled  on  the  U.  S.  bankrupt  law,  with 
involuntary  proceedings  by  one  creditor   to    amount  to  $250.     No 


ASSIGNMENT   LAWS.  581 

discharge,  unless  assets  equal  30  per  cent,  debts,  or  by  consent  of 
majority  in  number  and  amount  of  debts  proved.  Ko  discharge, 
also,  in  substantially  same  cases  as  in  bankrupt  law.  Assignments 
ajjpear  to  be  acts  of  insolvency,  wliich  may  be  set  aside  by  an 
assignee  in  insolvency,  if  made  within  four  months  of  filing  his 
petition.  Attachments  on  mesne  process  in  all  cases.  Limit  of 
jurisdiction  justice  of  the  peace  $200. 

Virginia. 

_  No  insolvent  or  assignment  laws.  Attachment  substantially  as 
m  Illinois.     Limit  of  jurisdiction  justice  of  the  peace  $50. 

"Washing'ton  Territory. 

Insolvent  law,  under  which  debtor  may  be  discharged  whose 
assets  equal  one  third  of  debts,  unless  fraud  or  preference  is  shown. 
Attachments  substantially  as  in  Illinois.  Limit  of  iurisdiction 
justice  of  the  peace  $100. 

"West  Virginia. 

JSTo  insolvect  law.  Assignments  regulated  by  statute,  preference 
bemg  allowed.  Attachments  same  as  in  Virginia.  Limit  of  iuris- 
diction justice  of  the  peace  $100. 

Wisconsin. 

Insolvent  law,  by  which  debtor  is  discharged  upon  surrendering 
property  and  complying  witli  the  law.  Assignments,  with  prefer- 
ences,, unless  by  limited  partnerships,  allowed  and  regulated  by 
statute.  Attachments  substantially  as  in  Illinois.  Limit  of  iuris- 
diction justice  of  the  peace '^'"^'^ 


Wyoming. 

No  insolvent  law.  Assignments  regulated  by  statute,  which 
iorbid  preference,  any  provision  tending  to  coerce  creditor  to  com- 
promise or  release  his  demand,  or  for  paymentof  fraudulent  claim, 
or  reserving  any  interest  in  property  assigned  to  assignor,  or 
exempts  assignee  from  liability  for  misconduct.  Attachments  sub- 
stantially the  same  as  in  Illinois.  Limit  of  iurisdiction  iustice  of 
the  peace  $100. 


Form  of  Petition  in  Insolvency  by  a  Debtor. 

To  the  EonoraUe Court  of  the  county  {or  oity  and  countiu  of 

such)  of ,  in  and  for  the  State  of ' 

The  petition  of ,  ot  the of ,  in  the  county  of , 

and  State  of  :  -^  ' 


Eespectfully  represents,   that  he   has  resided  in  said  county  (or 


582  PETITIONS    IN    INSOLVENCY. 

city  and  county)  for  six  months  next  preceding  the  filing  of  this 
petition;  that  he  owes  debts  exceeding  in  amount  the  sum  of  three 
hundred  dollars,  and  is  unable  to  pay  all  of  the  same  in  full;  that 
he  is  willing  to  surrender  all  his  estate  and  effects  for  the  benefit  of 
his  creditors,  and  that  he  desires  to  obtain  a  discharge  from  his 
debts  and  liabilities  under  and  by  vii-tae  of,  and  in  accordance  with, 

the  provisions  of  an  act  of  the  Legislature  of  the  State  of , 

known  as  the  *'  Insolvent  act  of  eighteen  hundred  and  ;"  ap- 
proved   . 

That  the  schednle  hereunto  annexed,  marked  "A,"  and  verified 
by  your  petitioner's  affidavit,  contains  a  full  and  true  statement  of 
ail  his  debts,  and  (so  far  as  it  is  possible  to  ascertain)  the  names 
and  places  of  residence  of  his  creditors,  and  such  farther  state- 
ments concerning  said  debts  as  are  required  by  the  provisions  of 
said  act. 

That  the  schedule  hereto  annexed,  marked  "B,"  and  verified  by 
the  affidavit  of  your  petitioner,  contains  an  accurate  description  of 
all  the  estate,  both  real  and  personal,  of  your  petitioner  (including 
his  liomestead,  if  any)  and  all  propei'ty  exempt  by  law  from  exe- 
cution, and  where  the  same  is  situated,  and  all  incumbrances 
thereon,  as  required  by  the  provisions  of  said  act. 

Wliercfore,  your  petitioner  prays,  that  he  may  be  adjudged  by 
the  court  to  be  insolvent,  within  the  purview  of  said  act;  that  said 
homestead  be  set  apart  by  the  court  for  petitioner's  uses;  and  that 
he  may  be  decreed  to  have  a  certificate  of  discharge  from  all  his 
debts  provable  under  the  same. 


Attm^ney. 
State  of ,  ) 


County  of 
Form  of  Petition  in  Insolvency  by  a  Copartnership. 

To  the  Homyrahle  Court  of  the  County  of ,  in  and  for 

the  Slate  of . 

The  petition  of and ,  of ,  in  the  county  of ,  and 

State  of ,  respectfully  represents:  That  the  said and 

are  copartners,  transacting  business  at ,  in  the  county  of , 

State  of ,  and  have  been  residing  in  and  transacting  business 

as  copartners  at  said for  the  six  months  last  preceding  the  fil- 
ing of'  this  petition;  that  the  members  of  said  copartnership  owe 
debts  exceeding  the  amount  of  three  hundred  dollars,  and  are  un- 
able to  pay  all  their  debts  in  full;  that  they  are  willing  to  surren- 
der all  iheir  estate  and  effects  for  the  benefit  of  their  creditors,  and 
desire  to  obtain  a  discharge  from  their  debts  and  liabilities  under 
and  by  virtue  of  the  provisions  of  the  act  of  the  Legislature  of  the 

State  of  ,  known  as  the    "Insolvent  act  of  eighteen   hundred 

and ,"  approved ,  . 


PETITIONS   EST   INSOLVENCY.  583 

That  the  schedule  hereto  annexed,  marked  "'A,"  and  verified  by 
their  atfidavits,  contains  a  full  and  true  statement  of  all  tliedtibtsof 
said  copartnersliip,  and,  as  far  as  they  can  be  ascertained,  the  names 
and  places  of  residence  of  their  creditors,  and  the  further  state- 
ments concerning  such  debts  as  are  required  by  the  provisions  of 
said  act. 

That  the  schedule  hereto  annexea,  marked  "B,"  verified  by 
their  afiidavit,  contains  an  accurate  inventory  of  all  the  estate  of 
said  copartnership  as  required  by  the  provisions  of  said  act. 

And  said further  states,  that  the  schedule  hereto  annexed, 

marked  "C,"  verified  by  his  affidavit,  contains  a  full  and  true 
statement  of  all  liis  individual  debts;  and  as  far  as  he  can  ascer- 
tain, tlie  names  and  places  of  residence  of  his  creditors;  and  the 
further  statements  concerning  such  debts  as  are  required  by  the 
provisions  of  said  act;  and  that  the  schedule  hereto  annexed, 
marked  "D,"  verified  by  his  affidavit,  contains  an  accurate  inven- 
tor) of  all  his  individual  estate  as  required  by  the  provisions  of 
said  act. 

And  said further  states,  that  the  schedule  hereto  annexed, 

marked  ''E,"  verified  by  his  atfidavit,  contains  a  full  and  true 
statement  of  all  his  individual  debts,  and,  as  far  as  possible,  the 
names  and  places  of  residence  of  his  creditors;  and  the  further 
statements  concerning  such  debts  required  by  the  provisions  of 
said  act;  and  that  the  schedule  hereto  annexed,  marked  "F,"  ver- 
ified by  his  affidavit,  contains  an  accurate  inventory  of  all  his  in- 
dividual estate  as  required  by  the  provisions  of  said  act. 

[A  similar  clause  must  be  added  for  each  membei-  of  the  firm  who  joins  in  the 

petition.] 

Wherefore  your  petitioners  pray,  that  after  due  proceedings  had, 
they  may  be  adjud:>ed  by  a  decree  of  the  court  to  be  insolvents 
within  the  purview  of  said  act;  and  upon  their  compliance  with 
all  the  requirements  of  said  act,  and  all  the  orders  and  directions 
of  the  court  made  in  pursuance  thereof,  that  they  may  be  severally 
decreed  to  have  a  certificate  of  discharge  from  all  their  debts  prov- 
able under  said  act,  and  as  otherwise  entitled  to  the  benefits 
thereot. 


Attorney  for  Petitioners. 

[For  the  form  of  the  affidavit  see  the  form  prescribed  by  the  act.  The  affida 
vits  for  each  individual  should  be  drawn  in  the  singular,  for  verifying  his  indi- 
vidual statement,  and  in  the  plural  for  verifying  the  joint  statement.] 

When  a  corporation  petitions  in  insolvency,  the  petition  should 
be  accompanied  by  an  authenticated  copy  of  the  vote  or  other  ac- 
tion of  the  stockholders,   or  other  party  or  parties   entitled  to  act 


584  PETITIONS    IN    INSOLVENCY. 

on  the  part  of  the  corporation,  authorizing  the  proceeding  by  him, 
which  statement  should  be,  in  substance,  as  follows: 
Statement  to  accompany  a  petition  in  insolvency: 


By  a  Corporation. 

At  a  meeting  of  the  stockholders  (or  of  the  board  oi  directors, 

or  trustees,  as  the  case  may  be),  of  the company  (or  bank  or 

association,   or  society),  a  corporation  created  and  existing  under 

the  laws  of  the  State  of •,  held  at -,  in  the  county  of , 

in  said  State,  on  this day  of ,  a.  d.  18 — ,  the   condition 

of  the  affairs  of  said  corporation  having  been  enquired  into,  and 
it  being  ascertained  at  said  meeting  that  the  said  corporation  is  in- 
debted in  an  amount  exceeding  the  sum  of  three  hundred  dollars, 
and  is  insolvent,  and  that  its  affairs  ought  to  be  wound  up,  it  was 
voted  (or  resolved)  by  a  majority  of  the  corporators  (or  stockhold- 
ers, or  directors,  or  trustees),  both  iu  number  and  amount,  of  tlie 
stock  of  said  company,  present  at  said  meeting — which  meeting 
was  duly  called  and  notified  for  the  purpose  of  taking  action  upon 

the  subject  aforesaid — that be,  and    he  (or  they)  hereby 

is  (or  are)  authorized,  empowered,  and  required  to  file  a  pe- 
tition in  the court  of  the  State  of in  and  for  the  county 

of ,  within  which  county  said  corporation  has  carried  on  its 

business,  for  the  purpose  of  having  the  same  adjudged  insolvent; 
and  that  such  proceedings  be  had  thereon  as  are  provided  by  the 
act  of  the  Legislature  of  the  State  of ,  known  as  the  "Insol- 
vent  act  of  eighteen  hundred  and -,"  approved ,  18 — . 

In  witness  whereof  I  have  hereunto  subscribed  my  name  as  pres- 
ident (or  other  ofiicer)  of  said  corporation,  and  caused  the  seal 
thereof  to  be  affixed. 


■ ,  Secretary. 


President  {or  other  o-fficer). 


In  the  petition  for  insolvency  by  a  corporation,  the  following 
changes  should  appear: 

The  name  of  the  corporation  should  l)e  substituted  for  that  of  an 
individual  petitioner;  and  in  place  of  the  prayer  for  a  discharge, 
words  like  the  following  should  be  substituted:  "  And  that  like  pro- 
ceedings may  be  had  in  the  premises  as  in  said  act  are  provided  in 
respect  to  natural  ])ersons." 


Petition  by  Creditors. 

To  the  Honorable Court  of  the  State  of ,   in  and  for  the 

County  of . 

The  petition  of  A B ,C D ,E F ,  G 


PETITIONS   IN    INSOLVENCY.  585 

H ,  I J ,  K L ,  etc.  (at  least  five  creditors  must 

join  in  the  petition),  respectfully  i-epresent,  tliat  jour  petitioners 

are   residents   of  the  State  of ,  and  are  creditors  of (the 

insolvent),  in  an  amount  exceeding  the  sum  of  five  hundred  dol- 
lars, in  the  aggregate,  and  that  the  several  sums  constituting  the 
aggregate  of  indebtedness  of  said ,  to  your  several  petition- 
ers, accrued  in  this  State;  that  said  creditors  have  not,   nor  has 

either  of  them  become  a  creditor  of  said within  thirty  days 

prior  to  the  filing  of  this  petition;  that  for  a  period  of  six  months 
next  preceding  tlie  date  of  tiling  this  petition,  the  said has  re- 
sided and  had  his  place  of  business,  and  now  does  (reside  and)  have 

liis  place  of  business  at  in  said  county  of and  State  of 

;  that  your  petitioners'  demands  above  named  are  provable 

against  the  said ,  in  accordance  with  the  provisions  of  an  act 

of  the  Legislature  of  the  State  of  known  as  the  "  Insolvent 

act  of  eighteen  hundred  and  eighty,"  approved  — ; — ,  18 — ;  that 

your  petitioners  believe  that  said   owes  debts  to  an  amount 

exceeding  five  hundred  dollars,  and  is  unable  to  pay  his  debts  in 
full;  that  the  nature  of  your  petitioners'   demands   against  the 

said are  as  follows,  to  wit:  (A  certain  promissory  note  signed 

by  said ,  payable  to  the  order  of  your  above-named  petitioner 

A B ,  etc.  A  certain  account  for  goods,  wares,  and  mer- 
chandise sold  and  delivered   by   your   above   named    petitioner, 

C D ,  between  the day  of ,  a.   d.    18 — ,  and  the 

filing  of  this  petition  to  said ,  and  so  on,  setting  out  generally 

the  demand  of  each  of  the  five  or  more  creditors  who  join  in  the 
petition  against  the  insolvent;) 

And  your  petitioners  further  represent,  that  said (is 

about  to  depart  from  tliis  State  with  intent  to  defraud  his  credit- 
ors),   or (being  absent  from  this  State,  which  is  his  place 

of  residence,  as  above  stated,  he  remains   absent  therefrom  with 

intent  to  defraud  his  creditors), or (conceals   himself  to 

avoid  the  service  of  legal  process  upon  him),  (or  allege  any  one  or 
more  of  the  causes  on  which  a  petition  of  creditors  against  an 
insolvent  may  be  based,  given  in  the  insolvent  act;  but  par- 
ticularly the  clause  relied  upon  as  an  act  of  insolvency,  and 
close  the  petition  as  follows:) 

Wherefore,  your  petitioners  pray  that  he,  the  said  ,  may  be 

declared  insolvent,  and  that  an  order  may  be  issued  by  the  court 
to  take  possession  of  his  estate;  that  the  same  may  be  distributed 
according  to  law,  and  that  such  further  proceedings  may  be  had 
thereon  as  the  law  in  such  case  prescribes. 

A B , 

C D , 

E F , 

G H ,  etc. 

Attorney. 


586  BOND    IN    INSOLVENCY. 

VERIFICATION    OF   PETITION. 

State  of ,  ) 

County  of  .  ) 

A B ,  C D ,  and  E F ,  of  the  foregoing 

petitioners,  being  first  duly  sworn,  say,  each  for  himself  and  not  one 
for  the  other,  that  they  have  read  (or  have  heard  read)  the  forego- 
ing petition,  and  understand  the  contents  thereof,  and  that  the 
same  is  true  of  their  own  knowledge,  except  as  to  those  matters 
which  are  therein  stated  upon  information  and  belief,  and  as  to 
those  matters  that  they  severally  believe  it  to  be  true. 

A B , 

C D , 

E F . 

Subscribed  and  sworn  to  before  me  this 
day  of ,  18—. 


Three  of  the  petitioners,  at  least,  must  verify  the  petition.  The 
petition  must  also  be  accompanied,  on  filing,  with  a  bond  which 
may  be  in  form  substantially  as  follows: 

Form  of  Bond. 

[To  accompany  creditor's  petition  in  insolvency.] 

State  of  ,  )  gg 

County  of .  f 

Know  all  men  by  these  presents,  that  we,  A B ,  C 

D ,  E F-^ — ,  G H ,  and  I J ,  as  princi- 
pals, and  L M and  N O ,  as  sureties,  are  jointly 

and  severally  held  and  firmly  bound  unto  (the  insolvent)  of  

and  his  (or  their)  assigns  or  legal  representatives,  in  the  sum  of 
Jive  hundred  dollars  (in  gold  coin  of  the  United  States),  which  pay- 
ment well  and  truly  to  make,  we  jointly  and  severally  bind  our- 
selves, our  heirs,  executors,  and  administrators  firmly  by  these 
presents. 

Witness  our  hands,  hereto  affixed,  this day  of ,  a.  d. 

18—. 

The  condition  of  the  above  obligation  is  this,  that  whereas,  the 

above-bounden   principals,  A B ,  C D (etc.),  are 

about  to  file  (or  have   filed,  if  the   court  requires  an  increase  of 

bond),  a  petition  in  the  superior  court  of  the  State  of ,  in  and 

for  the  county  of  ,  against  the  said (name  of  in- 
solvent), for  the  purpose  of  having  him  declared  insolvent  by  the 
court,  and  for  the  distribution  of  his  estate,  according  to  the  pro- 
visions of  the  "  Insolvent  act  of  eighteen  hundred  and  eighty," 
now  therefore,  if  the  said (the  insolvent),  shall  not  be 


PETITIONS    IN    INSOLVENCY.  587 

declared  by  the  court  to  be  insolvent  within  the  meaning  and  pro- 
visions of  said  act,  upon  the  said  petition,  then  the  above-named 
principals,  to  wit,  the  petitioners  in  said  petition,  will   pay  to  the 

said (the  insolvent),  all  costs  and  damages,  including  a 

reasonable  attorney's  fee,  that  the  said (the  insolvent), 

may  sustain  by  reason  of  the  tiling  of  said  petition,  in  any  sum 
not  exceeding  said  sum  o^  five  hundred  dollars,  named  as  the  pen- 
alty in  the  above  bond,  or  that  we,  as  sureties  therefor,  will  pay 
the  same. 

Witness  our  hands  as  above  stated. 


For  justification  of  the  sureties,  see  torms  for  the  same 

[Were  a  bankrupt  law  in  force,  the  foregoing  petitions  would  be  valid  for 
Forms,  with  slight  alterations.] 


CHAPTER  XXII. 


ATTACHMENT  AISTD  EXECUTION. 

Attachment  is  the  taking  possession  of  personal  or  real  property, 
or  both,  by  virtue  of  a  writ,  commanding  such  attachment,  issued 
from  a  court  of  competent  jurisdiction,  for  the  purpose  of  holding 
the  property  seized,  to  satisfy  any  judgment  which  the  plaintiff 
may  obtain  in  the  action  against  the  defendant. '^ 

Personal  property  capable  of  manual  delivery  should  be  taken 
into  actual  possession  by  the  officer  serving  the  writ;  while  real 
property  should  be  attached  by  posting  a  copy  of  the  writ  of  attach- 
ment, with  a  certificate  of  the  service,  or  levy  of  the  same,  on  the 
premises  attached,  and  filing  a  copy  of  the  same,  including  such 
certificate  of  service  and  a  correct  description  of  the  realty  attached, 
with  the  recorder  of  the  county  in  which  the  realty  is  situated. 

Execution,  in  law,  is  a  writ  issued  to  carry  into  effect  the  final 
judghient  of  a  court;  and,  in  civil  cases,  may  be  levied  on  any 
propertv  of  the  defendant  in  the  action  which  is  not  exempted 
from  execution  by  the  statute  of  the  State.  All  property  which  is 
exempt  from  execution  is  also  exempt  from  attachment. 

An  attachment  will  not  be  valid  in  any  State  unless  the  contract 
for  the  payment  of  the  money,  to  secure  the  payment  of  which  the 
attachment  is  issued,  was  made  or  is  payable  in  the  State  (or 
Territory)  where  the  writ  is  sought  to  be  obtained.  For  instance: 
A  plaintiff  can  not  hold  property  by  attachment,  in  Nevada,  upon 
a  contract  made  and  made  payable  in  California,  and  vice  versa. 

The  following  abstracts  show  what  property  is  exempt  from 
execution  and  attachment  in  the  States  and  Territories  hereafter 
named,  respectively: 

Alabama. 

Homestead  worth  $2,000  and  personal  'property  worth  $1,000. 
Personal  property,  to  be  selected  by  the  debtor,  to  the  value  of 
one  thousand  dollars,  is  exempt  from  sale  on  execution,  or  other 
process  of  court;  also  the  homestead  of  the  debtor  not  exceeding 

*  Note. — A.q  attachment  will  not  be  valid  where  the  debt  for  which  it  Issued 
h'as  been  secured  by  mortgage  or  lien  on  real  or  personal  property. 

(588) 


PROPERTY.  589^ 

one  hundred  and  sixty  acres,  not  in  any  city,  town,  or  village,  or, 
in  lieu  thereof;  any  lot  in  any  city,  town,  or  village,  not  exceeding 
two  thousand  dollars  in  value.  Also  are  exempt,  lots  in  ceme- 
teries, pew  or  seat  in  church,  proper  wearing  apparel,  family  por- 
traits, books  used  in  the  family,  and  the  wages  or  salaries  of 
laborers  or  employes,  for  personal  service,  not  exceeding  twenty- 
five  dollars  per  month. 

Arkansas. 

Homestead  worth  $2,500  and  personal  jproperty  worth  $500. 
Personal  property  to  the  value  of  two  thousand  dollars  to  be 
selected  by  the  debtor.  The  homestead  of  a  married  man,  or 
one  who  is  the  head  of  a  family,  not  exceeding  one  hundred 
and  sixty  acres,  and  not  in  any  town,  city,  or  village,  or,  in 
lieu  thereof,  any  lot  in  a  town,  city,  or  village,  owned  and  occupied 
by  the  defendant,  not  exceeding  live  thousand  dollars  in  value. 

Arizona. 

1.  All  spinning  wheels,  weaving  looms,  with  the  apparatus,  and 
stoves  put  up  and  kept  for  use  in  any  dwelling  house;  2.  A  seat, 
pew,  or  slip  occupied  by  each  person  or  family  in  any  house  or 
place  of  public  worship;  3.  All  cemeteries,  tombs,  and  rights  of 
burial,  while  in  use  as  repositories  of  the  dead;  4.  All  arms  and 
accouterments  kept  for  use;  all  wearing  apparel  of  every  person 
or  family;  5.  The  library  and  school  books  of  every  individual 
and  family,  not  exceeding  (in  value)  one  hundred  and  fifty  doHars, 
and  all  family  pictures;  6.  To  each  householder,  ten  goats  or 
sheep,  with  their  fleeces,  and  the  yarn  or  cloth  manufactm-ed  from 
the  same;  two  cows,  five  swine,  and  provisions  and  fuel  for  the 
comfortable  subsistence  of  such  householder  and  family  for  six 
months;  7.  To  each  householder,  all  household  goods,  furniture, 
and  utensils,  not  exceeding  in  value  six  hundred  dollars;  8.  The 
tools,  implements,  materials,  stock,  apparatus,  team,  vehicle, 
horses,  harness,  or  other  things  to  enable  any  person  to  carry  on 
the  profession,  trade,  occupation,  or  business  in  which  he  is 
wholly  or  principally  engaged,  not  exceeding  in  value  six  hundred 
dollars;  9.  One  sewing-machine  and  one  musical  instrument;  10. 
A  sufiicient  quantity  of  hay,  grain,  feed,  and  roots  for  properly 
keeping  for  three  months  the  animals  in  the  several  subdivisions 
of  this  section,  exempted  from  execution;  and  any  chattel  mort- 
gage, bill  of  sale,  or  other  Hen  created  on  any  part  of  the  property 
above  described,  except  such  as  is  mentioned  in  the  eighth  sub- 
division of  this  section,  shall  be  void,  unless  such  mortgage,  bill 
of  sale,  or  lien  be  signed  by  the  wife  of  the  party  making  such 
mortgage  or  lien  (if  he  have  one);  11.  The  homestead,  consisting 
of  a  quantity  of  land,  together  with  the  dwelling-house  thereon, 
and  its  appurtenances,  and  the  water  rights  and  privileges  per- 
taining thereto,  sufiicient  to  irrigate  the  land,  not  exceeding  in 
value  the  sum  of  five  thousand  dollars.  The  homestead  must  be 
selected  by  the  owner  thereof. 


590  EXEMPT 

California. 

Homestead  worth  $5,000  and  personal  property,  to  wit:  Chairs, 
tables,  desks,  and  books  to  the  value  of  two  hundred  dollars; 
necessary  household  furniture,  including  one  sewing-machine  and 
one  piano  in  actual  use,  or  belonging  to  a  woman;  stoves,  stove- 
pipe, and  utensils,  wearing  apparel,  beds,  bedding  and  bedsteads; 
provisions  actually  provided  for  one  month;  farm  utensils,  two 
oxen  or  two  horses  or  two  mules  and  harness,  one  cart  or  wagon, 
and  food  for  said  animals  for  one  month;  seed,  grain,  or  vegeta- 
bles for  sowing  not  exceeding  in  value  two  hundred  dollars;  tools 
of  mechanics  or  artisans;  the  records  and  seal  of  a  notary  public; 
the  instruments;  of  sugeons,  dentists,  and  other  professional  men; 
the  law  libraries  and  office  furniture  of  lawyers,  and  the  libraries 
of  ministers.  The  cabin  of  a  miner,  not  exceeding  five  hun- 
dred dollars  in  value,  with  all  the  implements  and  gear  necessary 
for  his  business,  with  two  horses,  mules,  or  oxen,  and  harness, 
and  food  for  the  same  for  one  month.  Two  oxen,  mules,  or  horses 
and  harness,  with  food  for  the  same  for  one  month,  and  the  cart  or 
other  vehicle  by  which  carters,  hackmen,  peddlers,  etc.,  habitually 
earn  their  living;  one  horse,  vehicle  and  harness  used  by  physi- 
cians or  ministers  in  making  professional  visits ;  the  earnings  of  the 
judgment  debtor  for  personal  services  rendered  within  thirty  daya 
next  preceding  the  levy,  when  it  appears  by  affidavit  that  such 
earnings  are  necessary  for  family  support;  also  a  homestead,  con- 
sisting of  land  on  which  the  debtor  resides,  to  be  selected  by  him, 
to  the  value  of  five  thousand  dollars,  if  the  head  of  a  family,  or 
one  thousand  dollars  of  any  other  person. 

Colorado. 

Homestead  worth  $2,000  and  personal  property  $1,000.  Every 
person  being  a  householder  and  head  of  a  family  is  entitled  to  a 
homestead  not  exceeding  in  value  two  thousand  dollars.  To  en- 
title such  person  to  this  exemption,  he  must  enter  the  word 
"  Homestead  "  on  the  margin  of  his  recorded  title. 

The  following  property  when  owned  by  any  person  being  head 
of  a  family,  shall  be  exempt: 

Family  pictures,  school-books  and  library,  pew  in  church,  burial 
sites,  air  wearing  apparel  of  family,  all  beds,  bedsteads,  stoves, 
and  cooking  utensils  kept  for  use  of  debtor  and  family,  and  other 
household  furniture,  not  exceeding  one  hundred  dollars  in  value; 
provit^inns  and  fuel  necessary  to  the  family  for  six  months;  tools, 
etc.,  of  any  mechanic  not  exceeding  two  hundred  dollars  in  value; 
library  and  implements  of  any  proifessional  man,  not  exceeding 
three  hundred  dollars;  draft  animals  to  the  value  of  two  hundred 
dollars;  one  cow  and  calf,  ten  sheep,  and  the  necessary  food  for 
them  for  six  months;  one  farm  wagon,  cart,  etc.;  one  plow,  one 
harrow,  and  other  fanning  implements,  not  exceeding  tilty  dollars 
in  value.     Persons    not  at  the  liead  ol  a   family  only    entitled   to 


PKOPEKTY.  591 

wearing  apparel  and  property  to  tlie  value  of  three  hundred  dol- 
lars. 

Connecticut. 

No  homestead  exempted.  The  necessary  apparel  and  bedding, 
household  furniture  necessary  for  supporting  life  (which  clause  is 
construed  liberally);  the  arms,  military  equipments,  unilbrras 
or  musical  instruments  owned  by  members  of  the  miiitia;  pension 
money  received  from  the  United  States,  implements  of  the  debt- 
or's trade,  library  not  exceeding  in  value  live  hundred  dollars, 
one  cow  not  exceeding  one  hundred  and  fifty  dollars  in  value, 
sheep  n(  >t  exceeding  ten,  or  fifty  dollars  in  value,  two  swine,  and 
two  hundred  pounds  of  pork.  Of  the  property  of  any  one  having 
a  famil}',  twenty-five  bushels  of  charcoal  and  two  tons  of  otlier 
coal;  two  hundred  pounds  of  wheat  flour,  and  two  cords  of  wood; 
two  tons  of  hay,  two  hundred  pounds  of  beef  and  fish  each,  five 
bushe's  each  of  potatoes  and  turn  ps,  ten  bushels  each  of  Indian 
coi-n  and  rye.  or  the  meal  and  flour  therefrom,  twenty  pounds  each 
of  wool  and  flax,  or  the  yarn  and  cloth  therefrom,  one  stove  and 
p'pe;  the  horse  of  a  practicing  physician  not  exceeding  two  hun- 
dred dollars  in  value,  and  a  sadle,  bridle,  harness  and  buggy; 
oyster-boat  or  shad-boat,  and  the  rigging  thereto  not  exceeding  in 
value  two  hundred  dollars;  one  sewing-machine,  one  pew,  and  lots 
in  a  burying-ground. 

Dakota. 

Homestead  of  80  acres  with  huildings.,  and  one-half  acre  in  a 
village  or  city  and  personal  property.  The  householder  is  entitled 
to  a  homestead  consisting  of  not  more  than  one  hundred  and  sixty 
acres  of  land  with  buildings  and  appurtenances  thereon  and  pei^ 
sonal  property  aggregating  in  value  not  to  exceed  $1,500,  which 
personal  property  is  defined  by  statute. 

Delaware. 

No  home  exempted\  personal  property  $275.  Family  library, 
school-books,  family  Bible,  family  pictures,  seat  or  pew  in  church, 
lot  in  biirial  bround,  all  wearing  apparel  of  debtor  and  family; 
and  in  addition  to  above,  tools,  implements,  ami  fixtures  nece-sary 
to  carry  on  trade  or  busine.-s,  not  exceeding  $75.  Head  of  family, 
in  addition  to  tlif>.  above,  or  other  personal  property  not  exceeding 
$200  Audi,  n  Newcastle  County,  wages  for  labor  and  services  are 
exempt  from  any  execution  attachment. 

District  of  Columbia 

No  home  exempted.  The  following  property  of  a  household  is 
exempt,  from  distraint,  attachment  or  sale  on  execution,  except  for 
servants,  or  laborers'   wages   due:    Wearing   apparel,    household 


592  EXEMPT 

furniture  to  the  amount  of  $300,  provisions  and  fuel  for  three 
months,  mechanics'  tools  or  implements  of  any  trade  to  the  value 
of  $200  with  stock  to  same  amount,  and  library  and  implements 
of  a  professional  man  or  artist  to  the  value  of  $300;  a  farmer's 
team  and  other  utensils  to  the  value  of  $100;  family  pictures  and 
library  in  value  of  $400. 

Florida. 

Home,  farm,  or  hotise  and  lot,  and  personal  property.  A  home- 
stead to  the  extent  of  160  acres  of  land,  or  the  half  of  one  acre 
within  the  limits  of  any  incorporated  city  or  town,  owned  by  the 
head  of  a  family  residing  in  this  State,  together  with  $1,000  worth 
of  personal  property,  and  the  improvements  on  the  real  estate, 
shall  be  exempted  from  forced  sale  under  any  process  of  law, 
and  the  real  estate  shall  not  be  alienable  without  the  joint  consent 
of  husband  and  wife,  when  that  relation  exists.  "  But  no  prop- 
erty shall  be  exempt  from  sale  for  taxes,  or  for  the  payment  of  ob- 
ligations contracted  for  the  purchase  of  said  premises,  or  for  the 
erection  of  improvements  thereon,  or  for  house,  field  or  other 
labor  performed  on  the  same.  The  exemption  herein  provided 
for,  in  a  city  or  town,  shall  not  extend  to  more  improvements  or 
buildings  than  the  residence  or  business  house  of  the  owner." 

Georgia. 

A  home  worth  $2,000,  and  personal  property  worth  $1,000. 
Each  head  of  a  family,  or  guardian  or  trustee  of  a  family,  of  minor 
children,  shall  be  entitled  to  a  homestead  or  realty  to  the  value  of 
$2,000  in  specie,  and  personal  property  to  the  value  of  $1,000  in 
specie,  both  to  be  valued  at  the  time  they  are  set  apart.  And  no 
court  or  ministerial  oificer  in  this  State  shall  ever  have  jurisdic- 
tion or  authority  to  enforce  any  judgment,  decree  or  execution 
against  said  property  so  set  apart — including  such  improvements 
as  may  be  made  thereon  from  time  to  time — except  for  taxes, 
money  borrowed  and  expended  in  the  improvement  of  the  home- 
stead, or  for  the  purchase  money  of  the  same,  and  for  labor  done 
thereon,  or  material  furnished  therefor,  or  removal  of  incum 
brances  thereon.  And  it  shall  be  the  duty  of  the  General  Assembly 
as  early  as  practicable,  to  provide,  by  law,  for  the  setting  apart 
and  valuation  of  said  property,  and  to  enact  laws  for  the  full  and 
complete  protection  and  security  of  the  same  to  the  sole  use  and 
benefit  of  said  families  as  aforesaid. 

Idaho. 

Home  worth  $2,000,  and  personal  prope^-ty.  The  head  of  a 
family,  being  a  householder,  either  husband  or  wife,  may  select  a 
homestead  not  exceeding  in  value  $2,000;  while  furniture,  teams, 
tools,  stock,  and  other  personal  property   enumerated   by  statute, 


propp:rty.  593 

to  tlie  value  of  $300  or  more,  according  to  valuation,  shall  be  ex- 
empt from  execution,  except  upon  a  judgment ,  recovered  for  its 
price,  or  upon  a  mortgage  thereon. 

Illinois. 

Rome  worth  SI, 000,  and  personal  property.  Every  house- 
holder having  a  family  is  entitled  to  an  exemption  of  $1,000,  in 
the  farm  or  lot  of  land,  and  the  buildings  thereon,  owned  or  pos- 
sessed, by  lease  or  otherwise,  and  occupied  as  a  residence.  The 
exemption,  unless  released  by  deed,  extends  to  the  surviving  wife 
or  husband  and  to  the  children  until  the  youngest  is  twenty-one 
years  old,  so  long  as  they  continue  to  occupy  the  homestead. 
Homesteads  are  not  exempt  for  their  purchase  money  or  improve- 
ment. The  proceeds  of  a  sale  of  the  homestead  by  the  owner  are 
exempt  for  one  3'ear. 

The  following  personal  property  of  the  debtor  is  exempt: 
Kecessary  wearing  apparel,  Bibles,  school-books  and  family 
pictures  of  every  person,  and  one  hundred  dollars  worth  of  other 
property  to  be  selected  by  the  debtor,  which  selection  is  not 
allowed  from  money,  salary,  or  wages  due  the  debtor.  Should 
any  exempt  property  be  seized,  double  its  value  may  be  recovered. 
When  exemptions  are  claimed  the  debtor  is  required  to  deliver  to 
the  officer  having  the  writ  a  schedule  under  oath,  embracing  all 
his  personal  property,  including  money,  and  debts  due  him;  and 
property  not  included  in  such  schedule  is  not  exempt.  The  prop- 
erty is  then  appraised  by  three  householders,  and  the  debtor  se- 
lects such  as  he  desires  at  the  appraised  value,  and  the  excess  over 
the  legal  exemptions  the  officer  takes. 

When  the  head  of  the  family  dies,  deserts,  or  does  not  reside 
with  the  family,  then  the  family  is  entitled  to  the  above  exemp- 
tions. The  waoes  and  services  of  a  defendant  who  is  the  head  of 
a  family  and  residing  with  the  same,  are  exempt  from  garnishment 
to  an  amount  not  exceeding  $50. 

Indiana. 

Home  and  personal  property  with  following  vakoe.  Any 
resident  householder  has  an  exemption  from  levy  and  sale  under  ex- 
ecution, of  real  and  personal  property,  or  both,  as  he  may  select, 
to  the  value  of  $300.  The  law  further  provides  that  no  propertv 
shall  be  sold  by  virtue  of  an  execution  for  less  than  tioo  thirds  of 
itS'  appraised  cash  value.  The  provisions  of  this  law  can  be  waived 
in  contracts.  To  do  this,  the  note  or  contract  should  read:  "  Pay- 
able without  any  relief  whatever  from  valuation  or  appraise- 
ment laws." 

Io"wa. 

Farm  of  40  acres.,  or  house  and  lot  in  city  and  personal  prop- 
erty.    The  homestead  must  embrace  the  house  used  as  a  home  by 
38 


594  EXEMPT 

the  owner  thereof,  and  if  he  has  two  or  more  houses  thus  used  bj 
him,  at  different  times  and  places,  he  may  select  which  he  will 
retain  as  a  homestead.  If  within  a  town  plat  it  mus  not  exceed 
one  half  acre  in  extent;  if  not  in  a  town  plat,  it  must  not  embrace 
in  the  aggre^rate  more  than  40  acres.  But  if,  when  thus  limited, 
in  either  case  its  value  is  less  than  $500,  it  may  be  enlarged  until 
its  value  reaches  that  amount. 

Wearing  apparel  kept  for  general  use;  trunks  to  contain  same; 
one  gun;  private  libraries  and  family  portraits,  musical  instruments 
not  kept  for  sale;  two  cows,  one  horse,  fifty  sheep,  five  hogs,  six 
hives  of  bees;  one  bed  and  bedding  for  every  two  in  the  family; 
household  and  kitchen  furniture  not  exceeding  $200;  spinning- 
wheel,  loom  and  sewing-machine;  provisions  and  fuel  for  six 
months;  the  tools,  instruments  or  books  of  debtor,  if  a  farmer, 
m'echanic,  surveyor,  lawyer,  clergyman,  physician,  teacher  or 
professor;  if  a  printer,  printing-press,  and  types,  etc.,  for  the  use 
of  such  newspaper  office,  not  exceeding  §1,200.  The  personal 
earnings  of  the  debtor  of  the  family  for  the  ninety  days  'preceding 
the  execution.  To  an  unmarried  jjerson,  a  person  not  the  head  of 
the  family,  ordinary  wearing  apparel  and  trunks  to  contain  the 
SH,me  are  exempt.  If  a  debtor  absconds  and  leaves  his  family, 
such  property  allowed  to  the  head  of  a  family  shall  be  exempt  in 
hands  of  his  wife  and  children,  or  either.  A  single  man  not  the 
head  of  a  family,  non-residents,  and  those  who  have  started  to 
leave  the  State  are  excluded  from  the  above  exemptions;  their 
property  is  liable  to  execution,  with  the  exception  of  ordinary 
wearing  apparel,  and  trunks  to  contain  the  same;  value  not  to  ex- 
ceed $75. 

No  exemption  shall  protect  property  against  execution   for    the 
purchase  money  thereof. 

Kansas. 

Home  of  IQO  acres  of  farmland^  or  house  and  one  acre  in  a 
village  or  city^  and  personal  property.  A  homestead  to  the  extent 
of  160  acres  of  farming  land,  or  of  one  acre  within  the  limits  of 
an  incorporated  town  or  city,  occupied  as  a  residence  by  the  family 
of  the  owner,  together  with  all  improvements  on  the  same,  of 
whatever  value,  is  exempt.  Exemptions  of  personal  property 
allowed  a  resident,  being  the  head  of  a  family,  are:  The  family 
library,  Bible  and  school  books;  family  pictures  and  musical  in- 
str.uments  in  use;  a  pew  in  a  church  and  lot  in  a  burial  ground; 
all  the  wearing  apparel  and  all  beds,  bedsteads  and  bedding  used 
by  the  family;  cooking  stove,  appendages  and  cooking  utensils, 
and  other  stoves  and  appendages  necessary  for  the  use  of  the 
family;  a  sewing-machine;  all  "^spinning-wheels  and  looms,  and 
other  implements  of  industry  and  household  furniture  not  above 
enumerated,  not  to  exceed  $500  in  value;  two  cows,  ten  hogs,  one 
yoke  of  oxen,  and  one  horse  or  mule,  or  in  lieu  of  the  oxen  and 
horse  or  mule,  a  span  of  horses  or  mules;  twenty  sheep  and  wool 
of  same,  either  raw   or   manufactured;  the  necessary  food  for  the 


PKOPEETY.  595 

stock  raeiitioned  abo^'-e  for  one  year;  one  wac^o'n,  cart  or  dray,  two 
plows,  one  drag  and  other  farming  utensils  not  exceeding  $300  in 
value;  provisions  and  fuel  on  hand  sufficient  for  a  year;  the  neces- 
sary tools  and  implements  of  any  mechanic,  miner  or  other  per- 
son, used  and  kept  for  the  puipose  of  carrying  on  liis  trade  and 
business,  together  with  stock  in  trade  not  exceeding  $400  in  value; 
the  library,  implements  and  office  furniture  of  any  professional 
man.  Exemption  of  personal  property  allowed  a  resident  of  this 
State,  not  the  head  of  a  family,  are:  Wearing  apparel,  pew  in  a 
church  and  a  lot  in  a  burial  ground;  necessary  tools  and  instru- 
ments of  any  mechanic,  miner  or  other  person,  used  and  kept  for 
tlie  purpose  of  carrying  on  his  trade  or  business,  together  with 
stock  in  trade  as  above;  the  earnings  of  a  debtor  also,  for  per- 
sonal services  rendered  within  three  months  next  preceding  the 
issuing  of  an  execution,  are  exempt,  if  it  appear  they  are  neces- 
sary, in  whole  or  in  part,  for  the  support  of  his  family.  No  per- 
sonal property  is  exempt  from  attachment  or  execution  for  the 
•wages  of  any  clerk,  mechanic,  laborer  or  servant. 

Kentucky. 

Ro7ne  worth  $1,000,  and  personal  property.  To  ho7ia  fide 
housekeeper  with  a  family,  resident  in  the  State:  Two  work  beasts 
or  one  work  beast  and  one  yoke  of  oxen;  two  plows  and  o-ear; 
one  wagon  and  a  set  of  gear,  or  one  cart  or  dray;  two  cows^and' 
calves;  ten  head  of  sheep;  provisions  sufficient  to  sustain  the  family 
one  year,  and  provender  sufficient  to  support  the  stock  one  year; 
one  sewing-machine;  the  usual  household  and  kitchen  furniture, 
of  limited  value,  etc.;  the  tools  of  a  mechanic  not  exceeding  $100 
in  value;  the  libraries  of  ministers  of  the  gospel,  physicians  and 
attorneys  at  law  not  to  exceed  in  value  $500,  but  the  last  is  not  in 
addition  to  the  two  work  beasts,  wagon,  cart  or  dray.  In  addition 
to  the  personal  property  exempt  from  execution  on  all  debts  or 
liabilities  created  after  the  1st  of  June,  1866,  so  much  land,  in- 
cluding the  dwelling-house  and  appurtenances  owned  by  the  debtor, 
as  shall  not  exceed  $1,000,  shall  also  be  exempt  ioQ^-li  bmia  fide 
housekeeper  with  a  family. 

liouisiana. 

Home  of  160  acres  of  land,  a^id  personal  property,  in  all  worth 
$2,000.  One  hundred  and  sixty  acres  of  land,  with  buildings  and 
improvemeTits  thereon,  occupied  as  a  residence,  -dndhoiia  fide  owned 
by  the  debtor  having  a  family,  a  person  or  persons  dependent  upon 
him  for  support,  together  with  personal  property,  making  in  all  a 
value  not  exceeding  $2,000.  Tools  of  trade,  salaries,  wages,  and 
personal  services;  all  wearing  apparel;  ail  agricultural  implements, 
working  cattle,  and  provisions  and  supplies  necessary  for  carrying 
on  the  plantation  for  the  coming  year.     No  home  exempted  in  the 


596  EXEMPT 

city  or  villages,  and  in  any  case  only  for  benefit  of  persons  having 
a  family. 

Maine. 

Home  worth  $500,  and  personal  property.  Homestead  to  the 
value  of  $500,  or  lot  purchased  from  the  State  for  a  homestead. 
After  tlie  death  of  the  debtor,  his  widow  and  minor  children  are  en- 
titled to  the  same  exemption.  A  lot  in  a  burying-ground;  wearing 
apparel;  necessary  household  furniture  not  exceeding  $50;  bed, 
one  bedstead  and  bedding  for  every  two  in  the  family;  all  family 
portraits;  Bibles  and  school-books  in  use;  copy  of  the  statutes, 
and  a  library  not  exceeding  $150;  one  cooking-stove,  twelve  cords 
wood,  five  tons  anthracite  coal  and  fifty  bushels  bituminous  coal; 
$10  worth  of  lumber,  wood  or  bark;  all  produce  until  harvested; 
one  barrel  of  flour;  thirty  bushels  corn  and  grain;  all  potatoes; 
all  flax  raised  on  one  acre  of  land  and  all  articles  manufactured 
therefrom  for  the  family;  tools  in  trade;  one  sewing-machine 
worth  $100;  one  pair  working  cattle  or  mules;  one  or  two  horses, 
not  exceeding  in  value  $300,  and  hay  to  keep  them  through  the 
winter;  one  cow  and  heifer;  ten  sheep,  and  the  lambs  and  wool 
raised  from  them,  and  hay  to  keep  them  during  the  winter;  one 
plow,  a  cart  or  truck  wagon,  harrow,  yoke  with  bows,  ring  and 
staple;  two  chains;  a  mowing-machine,  and  one  boat  of  two 
tons. 

Maryland. 

No  homestead  exemptioji^  hut  personal  property.  The  prop- 
erty exempted  is  the  personal  property  actually  necessary  for  the 
sustenance  of  the  family  and  the  implements  or  tools  necessary  to 
earn  a  livelihood,  and  wearing  apparel.  The  Constitution  of  the 
State  directs  the  Legislature  to  pass  laws  exempting  from  judicial 
sale  property  not  exceeding  £500.  One  hundred  dollars  is  the 
amount  fixed  and  exempted  in  pursuance  of  this  constitutional  re- 
quirement. The  exact  language  of  the  law  is,  "All  wearing  ap- 
parel, books,  and  the  tools  of  mechanics." 

Massachusetts. 

Home  worth  $800,  ami  personal  property.  Every  householder 
having  a  family  shall  be  entitled  to  an  estate  of  homestead  to  the 
extent  in  value  of  $800,  in  the  farm  or  lot  of  land  and  buildings 
thereon  owned  or  rightly  possessed  by  lease  or  otherwise,  and  oc- 
cupied by  him  as  a  resident,  and  such  homestead  and  all  right  and 
title  therein  shall  be  exempt  from  attachment,  levy  or  execution, 
sale  for  the  payment  of  his  debts,  or  other  purposes.  To  consti- 
tute such  estate  of  homestead  and  to  entitle  property  to  such  ex- 
emption, it  shall  be  set  forth  in  the  deed  of  conveyance  by  which 
the  property  is  acquired  that  it  is  designed  to  be  held  as  a  home- 
stead, or  after  the   title  has  been   acquired   such  design   shall  be 


VKOPERTY.  697 

declared  bj  a  writing  duly  signed,  sealed,  acknowledged  and  re- 
corded on  the  registry  of  deeds  for  the  county  or  district  where  the 
property  is  situated.  Personal  property  is  exempt  as  follows:  The 
necessary  wearing  apparel  of  the  debtor  and  his  family;  two  bed- 
steads, bed,  and  the  necessary  bedding  for  every  two  persons  of 
the  family;  stove  and  fuel  not  exceeding  $50  in  value;  other  nec- 
essary household  furniture  not  exceeding  in  value  $300;  the  fam- 
ily library  not  exceeding  $50  in  value;  one  cow,  six  sheep,  one 
swine  and  two  tons  of  hay;  tools,  implements,  and  fixtures  for  carry- 
ing on  trade  or  business  not  exceeding  $100  in  value;  materials  and 
stock  designed  for  his  trade  or  business  not  exceeding  $100  in 
value;  necessary  provisions  not  exceeding  $50  in  value;  the  boat, 
fishing  tackle  and  nets  of  fishermen,  actually  in  use  in  their  busi- 
ness, not  exceeding  $100  in  value;  the  uniform,  arms,  and  accou- 
terments  required  by  law  to  be  kept  by  the  citizens;  one  sewing 
macliine  to  the  value  of  $100,  and  the  wages  for  personal  labor 
are  exempt  from  attachment  to  the  extent  of  $20  for  a  debt  or  de- 
mand other  than  for  necessaries  furnished  to  the  debtor  or  his 
family. 

Michigan. 

Home  worth  $1,500,  and  personal  property .  A  homestead  con- 
sisting of  any  quantity  of  land,  not  exceeding  forty  acres,  and 
dwelling-house  thereon  and  its  appurtenances,  not  included  in  any 
recorded  town  plat  or  city,  or  village;  or  instead  thereof,  at  the  op- 
tion of  the  owner,  one  lot  in  a  recorded  town  plat  or  city,  or  vil- 
lage, and  the  dwelling-house  thereon  and  its  appurtenances.  Said 
property,  however,  must  notexceed  $1,500  in  value;  if  so,  it  may 
be  sold  and  the  excess  applied  in  payment  of  the  judgment.  Per- 
sonal property  is  exempt  as  follows:  All  spinning  wheels,  weav- 
ing loom  with  the  apparatus,  and  stoves  put  up  and  kept  for  use 
in  any  dwelling-house;  a  seat,  pew  or  slip  occupied  by  a  person  or 
family  in  any  place  of  public  worship;  all  cemeteries,  tombs,  and 
rights  of  burial;  all  arms  and  accouterments  required  to  be  kept 
by  any  person;  all  wearing  apparel  of  ever}'^  person  or  family,  li- 
brary and  school-books  of  every  individual  and  family  not  exceed- 
ing $150  in  value,  and  ail  family  pictures.  To  each  householder 
ten  sheep  with  their  fleeces,  and  the  yarn  or  cloth  manufactured 
from  the  same;  two  cows,  live  swine,  and  provision  and  fuel  for 
six  months'  use;  all  household  goods,  furniture  and  utensils,  not 
exceeding  in  value  $250;  tools,  implements,  material,  stock,  ap- 
paratus, team,  vehicle,  horses,  harness  or  other  things  to  enable 
any  person  to  carry  on  the  profession  or  trade,  occupation  or  busi- 
ness in  which  he  is  wholly  or  principally  engaged,  not  exceeding 
in  value  $250;  and  a  sufhcient  quantity  of  hay,  grain,  feed  and 
roots  for  properly  keeping  for  six  months  the  animals  herein  be- 
fore specified.  One  sewing-machine  for  family  use  is  also  exempt. 
No  portion  of  the  property  above  specified,  however,  is  exempt 
from  execution  upon  a  judgment  for  the  purchase  mone3\ 


598  EXEMPT 

Minnesota. 

Home  of  eighty  acres  in  farm  lands,  and  lot  in  village  or  city^ 
with  personal  property .  Eighty  acres  of  land  and  dwelling-houses 
thereon,  or  instead  thereof  one  town  or  city  lot  and  the  dwelling- 
house  thereon,  regardless  of  value;  family  Bible,  books,  pictures  and 
musical  instruments;  church  pew  and  cemetery  lot;  wearing  ap- 
parel of  debtor  and  family;  also  beds,  bedsteads  and  bedding,  stoves 
and  appendages,  cooking  utensils  and  furniture  not  enumerated 
not  exceeding  $500  in  value;  three  cows,  ten  swine,  one  yoke  of 
oxen,  and  a  horse  (or  span  of  horses  or  mules),  twenty  sheep; 
necessary  food  for  stock  for  one  year;  one  wagon,  cart  or  dray,  one 
sleigh,  two  plows,  one  drag,  and  other  farming  utensils  not  ex- 
ceeding $300  in  value;  one  sewing-machine;  seed  grain  for  one. 
year;  one  year's  provision  for  debtor  and  family;  one  year's  fuel; 
tools  or  instruments  used  for  carrying  on  trade,  and  stock  in  trade 
not  exceeding  $400 ;  library  and  implements  of  any  professional 
man;  80  acres  of  land  and'  dwelling-house  thereon,  or  instead 
thereof,  one  town  or  city  lot  and  the  dwelling-houses  thereon,  re- 
gardless of  value.  Also  the  wages  of  any  laboring  man  or  woman 
or  their  minor  children,  not  exceeding  $20,  due  for  services- 
rendered  during  the  ninety  days  preceding  the  issue  of  th3  pro- 
cess. 

Mississippi. 

Home  worth  %'2, 000,  and  personal  lyroperty.  On  debts  contracted 
after  September  1,  1870^  only  80  acres  of  land  to  the  liead  of  each 
family,  being  a  housekeeper,  to  a  resident  of  any  incorporated 
town,  being  the  head  of  a  family,  and  a  housekeeper,  $2,000  worth 
of  real  property,  comprising  the  proper  homestead.  The  exempt 
personalty  is:  1.  The  tools  of  a  mechanic  necessary  for  carrying 
on  his  trade;  2.  The  agricultural  implements  of  a  farmer  neces- 
sary for  two  male  laborers;  3.  The  implements  of  a  laborer; 
4.  The  books  of  a  student  required  for  the  completion  of  his  edu- 
cation; 5.  The  wearing  apparel  of  every  person;  6.  The  libra- 
ries of  licensed  attorneys  at  law,  practicing  physicians,  and 
ministers  of  the  gospel,  not  exceeding  in  value  $250;  7.  The 
arms  and  accouterments  of  every  person  enrolled  in  the  militia  of 
the  State;  8.  All  books,  globe  and  maps  used  by  teachers  of 
schools,  academies  and  colleges;  also  the  following  property  of 
each  head  of  a  family  or  housekeeper;  one  work  horse  or  mule,  or 
one  yoke  of  oxen,  two  cows  and  calves,  five  head  of  stock  hogs 
and  iive  sheep,  iifty  bushels  of  corn,  ton  bushels  of  wheat  or  rice, 
iiOO  pounds  of  meat,  one  cart  or  wagon,  not  to  exceed  in  value 
$100,  household  and  kitchen  furniture  not  to  exceed  $100  in  value; 
and  $100  of  wages  of  laborers  are  exempt  from  garnishment,  in  the 
hands  of  their  emi)loyers. 

Missouri. 

Homestead  $h600  to  $,3000,  and  personal  property.       Home 
stead,  if  in  tlie  country,  not  to  exceed  $1,500  in  value,  and  in  cities 


PROPERTY.  599 

of  over  40,000  inha!)itants,  not  to  exceed  83,000  in  value.  Per- 
sonal property  is  exempt  as  follows:  For  heads  of  families,  all 
wearing  apparel;  usual  household  furniture  not  to  exceed  $100  in 
value;  provisions  in  the  house  and  the  usual  tools  of  trade  of  a 
mechanic;  for  farmers,  working  and  other  kind  of  animals  amount- 
ing in  value  to  about  8300.  Persons  may  claim,  in  place  of  the  afore- 
said animals  any  kind  of  property,  real  or  personal.  Women, 
being  abandoned  by  their  husbands,  and  being  heads  of  families, 
may  claim  the  same  exemptions  as  the  husbands.  Persons,  other 
than  heads  of  families,  are  allowed  as  exemptions,  their  wearing 
apparel  and  the  necessary  tools  of  a  mechanical  trade.  The  last 
month's  wages,  regardless  t)f  amount,  are  exemi3t  from  execution 
and  attachment. 

Montana. 

Home  loorth  82,500,  and  personal  property.  A  homestead  not 
exceeding  in  value  $2,500;  in  a  city  or  village  not  to  exceed  one 
quarter  acre,  or  farm  land  not  exceeding  eighty  acres,  the  debtor 
taking  his  choice  selecting  either,  with  all  improvements  thereon 
incl  aded  in  the  valuation.  The  lien  of  a  mechanic,  laborer,  or 
mortgage  lawfully  obtained  upon  the  same  is  not  affected  by  such 
exemption.  In  addition  to  the  homestead,  personal  property  to 
the  value  of  $1,400,  and  more,  according  to  value  of  articles  enum- 
erated by  statute,  is  allowed  to  the  householder  occupying  the 
same. 

liTebraska. 

Home  worth  $500,  and  personal  property.  A  homestead  con- 
taining any  quantity  of  land  not  exceeding  160  acres,  and  the 
dwelling-house  thereon,  and  its  appurtenances,  to  be  selected  by 
the  owner  thereof,  and  not  included  in  any  incorporated  city  or 
village;  or  instead  thereof,  at  the  option  of  the  owner,  a  quantity 
of  contiguous  land,  not  exceeding  two  lots  in  any  incorporated 
town,  city,  or  village,  and  according  to  the  recorded  plat  of  said 
incorporated  town,  city,  or  village;  or,  in  lieu  of  the  above,  a  lot 
or  parcel  of  contiguous  land,  not  exceeding  twenty  acres,  being 
within  the  limits  of  an  incorporated  town,  city,  or  village,  the 
said  parcel  or  lot  of  land  not  being  laid  off  into  streets,  blocks, 
and  lots,  owned  and  occupied  by  any  resident  of  the  State,  being 
the  head  of  a  family,  shall  not  be  subject  to  attachment,  levy,  or 
sale  upon  execution,  or  other  process  issuing  out  of  any  court  in 
this  State,  so  long  as  the  same  shall  be  occupied  by  the  debtor  as 
a  homestead.  All  heads  of  families,  who  have  neither  lands, 
town  lots,  nor  houses  entitled  to  exemption  as  a  homestead,  under 
the  laws  of  this  State,  shall  have  exemption  fi-ora  forced  sale  on 
execution  the  turn  of  $500  personal  property. 

Nevada. 

A  homestead  vjorth  $5,000,  and  personal  property.  A  home- 
stead owned  by  a  head  of  the  family,  worth  $5,000,  and    the  fol- 


600  EXEMPT 

lowing  personal  property:  Hoiiseliold  furniture  to  the  value  of 
$100;  provisions  and  fire-wood  for  one  month;  farming  utensils  of 
a  farmer  not  exceeding  in  value  $200;  two  horses,  two  oxen  or 
two  mules,  and  two  cows;  one  cart  or  wagon,  mechanics'  tools;  a 
miner's  dwelling,  in  value  $500,  and  his  mining  tools;  a  library  and 
instruments  of  a  dentist,  physician,  lawyer  or  surgeon;  one  sewing- 
machine  worth$l  50.  A  mortgage  or  other  security  on  the  home- 
stead is  void,  unless  for  purchase  money  or  mechanic's  lien. 

Ne-w  Hampshire. 

Ho7ne  worth  $600,  and  personal  property .  Homestead  to  the 
value  of  $500,  for  the  benetit  of  wife,  widow  or  children.  House- 
hold furniture  to  value  of  $100;  books  and  library  in  use  by  the 
debtor  and  his  family  to  value  of  $200;  necessary  wearing  apparel 
of  debtor  and  family;  necessary  bed,  bedsteads,  and  bed-clothing; 
one  cooking  stove  and  its  furniture;  tools  of  his  occupation,  $100; 
provisions  and  fuel,  $50;  beasts  of  the  plow,  not  exceeding  one 
yoke  of  oxen  or  one  horse;  sewing-machine,  one  cow,  six  sheep, 
one  pig  or  hog. 

New  Jersey. 

Home  worth  $1,500,  and  personal  property.  Lot  and  buildings 
thereon,  occupied  as  a  residence  and  owned  by  the  debtor,  being  a 
householder  and  having  a  family,  to  the  value  of  $1,500.  Personal 
property  to  the  amount  of  $200,  owned  by  a  resident  head  of  a 
family,  appraised  by  three  persons  appointed  by  the  sheriff,  and 
the  widow  or  administrator  of  a  deceased  person  may  claim  the 
same  exemption  of  $200  as  against  creditor^. 

New  York. 

IIo7ne  worth  $1,000,  and p>€rsonal property.  Homestead  to  the 
value  of  $1,000;  but  not  as  against  an  execution  upon  a  judgment 
recovered  for  fraud.  Burial  plat  not  to  exceed  one  fourth  of  an 
acre.  Personal  property,  when  owned  by  a  householder,  is  ex- 
empt as  follows:  Spinning-wheels,  looms  and  stoves  in  use  in 
dwelling-house;  pictures  and  books  in  use  to  the  value  of  $50;  a 
pew  in  a  church,  ten  sheep,  one  cow,  two  swine,  and  their  neces- 
sary food;  necessary  household  furniture  and  library  to  value  of 
$250;  working  tools,  professional  instruments,  a  team  and  neces- 
sar}^  food  therefor  for  ninety  days,  and  a  sewing-machine,  except 
on  execution  for  purchase  money  for  such  things. 

New^  Mexico. 

Home  vjorth  $1,000;  j9m?,'/.s/o/?.9,  $25;  furniture,  $10;  tools,  $20. 
Real  estate  to  the  vahie  of  $1,000  is  exempt  in  farm,  if  the  heads 


PROPERTY.  601 

of  the  families  reside  on  the  same;  also  the  clotTiing,  bed  and  bed- 
clothing  required  fur  the  use  of  the  tamily,  and  Hrewood  requisite 
for  thirty  days,  when  actually  provided  and  intended  for  use.  All 
Bibles,  Testaments,  hymn  books  and  school  books  used  by  the 
family,  and  family  and  religious  pictures;  provisions  on  hand  to 
the  amount  of-  $25,  and  kitchen  furniture  to  the  value  of  $10,  both 
to  be  selected  by  the  debtor;  also  tools  and  implements  belonging 
to  the  debtor  that  may  be  necessary  to  enable  him  to  carry  on  his 
trade  or  business,  whether  agricultural  or  mechanical,  to  be  se- 
lected by  him,  and  not  to  exceed  $20  in  value.  Real  estate,  when 
sold,  must  be  first  appraised  by  two  freeholders  of  the  vicinity, 
and  must  bring  two  thirds  of  the  appraised  value. 

North  Carolina. 

Home  worth  $1,000,  mid  personal  jyrojyer^ty  loorth  $500,  Every 
homestead,  and  dwellings  and  buildings  connected  therewith,  not 
exceeding  in  value  $1,000,  to  be  selected  by  the  owner  thereof, 
or  in  lieu  thereof,  at  the  option  of  the  owner  any  lot  in  a  city, 
town  or  village,  with  the  dwellings  used  thereon,  owned  and  occu- 
pied by  any  resident  of  the  State,  and  not  exceeding  $1,000  in 
value.     Personal  property  to  the  extent  of  $500  in  value. 

Ohio. 

Home  vmrth  $1000,  and  jpersonal  2^'"operty.  Every  head  of  a 
family,  resident  in  Ohio,  shall  hold  exempt  from  execution  his 
homestead,  not  to  exceed  $1,000.  If  the  homestead  exceed  $1,000 
the  property  will  be  partitioned  and  a  homestead  of  $1,0(>0  set  off 
to  the  debtor.  If  he  have  no  homestead,  he  shall  hold  exempt 
real  or  personal  property  not  to  exceed  $500,  exclusive  of  general 
exemptions,  which  are:  Beds  and  bedstead;  one  stove,  one  cook- 
ing stove,  fuel  for  sixty  days;  $100  worth  of  wearing  apparel;  one 
cow,  or  instead  $35  of  household  furniture;  two  hogs,  or  instead 
$15  of  household  furniture;  six  sheep,  or  instead  $15  of  house- 
hold furniture;  all  Bibles  and  hymn  books,  family  pictures,  pro- 
visions not  exceeding  $50,  and  such  other  articles  of  household  or 
kitchen  furniture  as  may  be  needed,  not  exceeding  $50;  a  sewing- 
machine;  a  knitting-machine;  tools  of  his  trade,  not  exceeding 
$100;  his  personal  earnings,  and  his  minor  children's,  for  not 
more  than  three  months  before  judgment;  all  specimens  of  natural 
history,  if  not  kept  for  pecuniary  exhibition.  A  doctor  shall  hold 
his  horse,  saddle,  instruments  and  books,  and  the  two  latter  not 
to  exceed  $100,  exempt;  a  drayman,  his  horse  and  dray;  a  lariner. 
Ills  horse,  wagon  and  yoke  of  oxen.  Widowers  having  unmarried 
minor  children,  widows  and  married  people  having  no  children, 
may  have  the  benefit  of  this  act.  The  wife  may  claim  exemption 
when  the  husband  will  or  can  not,  but  the  two  may  not  claim  ex- 
emption at  the  same  time.     Unmarried  women  may  hold  $100  of 


602  EXEMPT 

wearing  apparel,  $25  of  books,  a  sewing  and  knitting  machine  ex- 
empt. 

Oregon. 

Personal  property.  The  following  are  exempted:  Books,  pict- 
ures and  musical  instruments  to  tlie  value  of  $75;  wearing  ap- 
parel to  the  value  of  $100,  and  if  such  person  be  a  householder,  for 
each  member  of  his  family  to  the  value  of  $50;  the  tools,  imple- 
ments, apparatus,  team,  vehicle,  harness  or  library  necessary^  to 
enable  any  person  to  carry  on  the  trade,  occupation  or  profession 
by  which  such  person  habitually  earns  his  living,  to  the  value  of 
$400;  also  sufficient  quantity  of' food  to  support  such  team,  if  any, 
for  sixty  days.  The  following  property,  if  owned  by  a  householder 
and  in  actual  use,  or  kept  for  use  by  and  for  his  family,  or  when 
being  removed  from  one  habitation  to  another  on  a  change  of  resi- 
dence; ten  sheep,  with  one  year's  fleece,  or  the  yarn  or  cloth  man- 
ufactured therefrom;  two  cows  and  five  swine;  household  goods, 
furniture  and  utensils  to  the  value  of  $300;  also  sufficient  food  to 
support  such  animals,  if  any,  for  three  months,  and  provisions 
actually  provided  for  family  use,  and  necessary  for  the  support  of 
such  household  and  family  for  six  months;  the  seat  or  pew  occu- 
pied by  a  householder  or  his  family  in  a  place  of  public  worship; 
all  property  of  State,  or  any  county,  incorporated  city,  town  or 
village  therein,  or  of  any  other  public  or  municipal  corporation  of 
like  character.  No  article  of  property,  or  if  the  same  has  been 
sold  or  exchanged,  then  neither  the  proceeds  of  such  sale  nor  the 
articles  received  in  exchange  therefor,  shall  be_  exempt  from  exe- 
cution issued  on  a  judgment  recovered  for  its  prize. 

Pennsylvania. 

Real  or  personal  property,  $300.  Real  or  personal  property  to 
the  extent  of  $300,  besides  wearing  apparel,  Bibles  and  school 
books  and  sewing-machines  in  the  use  of  the  family,  and  the  arms, 
accouterments,  and  uniform  of  a  soldier.  The  exemption  may  be 
waived  in  note  or  contract. 

Rhode  Island. 

No  homer  exempted^  hut  personal  propttty.  Householders  are 
entitled  to  hold  the  following  exempt  from  execution:  The  neces- 
sary wearing  apparel  of  the  debtor  and  his  family;  his  necessary 
working  tools  to  the  value  of  $200;  his  household  furniture  and 
family  stores,  to  the  value  of  $300;  one  cow,  one  hog,  and  one  pig, 
and  the  pork  of  the  same;  debts  secured  by  bills  of  exchange  or 
negotiable  promissory  notes. 

South  Carolina. 

Home  worth  $1,000,  personal  property,  $500.  A  homestead  to 
the  head  of  each  family,  his  widow  or  the  orphan  minors,  not  to 


PROPERTY. 


603 


exceed  $1,000.  Also,  personal  property  as  follows:  "IT6usehold 
furniture,  beds  and  bedding,  family  library,  arms,  carts,  wagons, 
farming  implements,  tools,  neat  cattle,  work  animals,  swine,  goats 
and  sheep,  not  to  exceed  in  value  in  the  aggregate  $500,  except  the 
homestead  can  not  be  held  exempt  from  execution  issued  on  a 
iudgment  obatined  for  the  purchase  money  of  the  same,  or  for 
improvements  made  thereon,  or  taxes  due  thereon."  One  third  of 
yearly  proceeds  of  persons  not  the  heads  of  family  is  exempt,  ex- 
cept as  against  taxes. 

Tennessee. 

Home  worth  $1,000,  and  personal  jyrojpertij .  The  following  prop- 
erty is  exempt  from  garnishment,  execution,  or  attachment:  Thirty 
dollars  of  the  wages  of  mechanics  or  other  laboring  men  in  the 
hands  of  heads  of  families;  two  beds,  bedsteads  and  necessary 
clothing  for  each,  and  for  each  three  children  of  one  family,  one 
additional  bed,  bedstead  and  clothing,  the  value  of  such  bed- 
steads in  no  case  to  exceed  $25;  two  cows  and  calves,  and  if  the 
family  consist  of  six  or  more  persons,  three  cows  and  calves,  etc. ; 
two  horses  or  two  mules,  or  one  horse  and  one  mule,  and  one  yoke 
of  oxen;  one  wagon  or  cart,  etc.,  not  to  exceed  in  value  $75; 
twenty-live  pounds  corn;  twenty  bushels  wheat;  five  hundred  bun- 
dles oats,  etc. ;  one  thousand  pounds  pork,  or  six  hundred  pounds 
bacon;  a  homestead  carpet,  manufactured  by  the  wife  or  for  family 
use;  six  cords  wood,  or  one  hundred  bushels  coal;  one  sewing-ma- 
chine, if  used  for  livelihood,  etc. ;  in  the  hands  of  mechanic,  who 
is  engaged  in  the  pursuit  of  his  trade,  one  set  of  mechanic's  tools; 
a  homestead  in  the  possession  of  each  head  of  the  family  and  the 
improvements  thereon  to  the  value  of,  in  all,  $1,000.  Persons  who 
are  not  the  heads  of  families  are  not  entitled  to  the  benefit  of  ex- 
emptions. 

Texas. 

Borne  worth  $5,000,  and  personal  property.  To  every  citizen, 
householder  and  head  of  a  family,  not  to  exceed  two  hundred  acres 
of  land  (not  included  in  a  city,  town  or  village),  or  any  city,  town 
or  village,  lot  or  lots,  not  to  exceed  $5,000  in  value  at  the  time  of 
their  designation  as  a  homestead,  and  without  reference  to  the 
value  of  any  improvements  thereon.  Also,  all  household  and 
kitchen  furniture,  all  implements  of  husbandry,  all  tools  and  ap- 
paratus belonging  to  any  trade  or  profession,  and  all  books  belong- 
ing to  private  or  public  libraries;  five  milch  cows  and  calves;  two 
yoke  of  work  oxen;  two  horses  and  one  wagon;  one  carriage  or 
buggy;  one  gun,  twenty  hogs,  twenty  head  of  sheep;  all  provis- 
ions and  forage  on  hand  for  home  consumption;  all  saddles,  bridles 
and  harness  necessary  for  the  use  of  the  family;  and  to  every  citi- 
zen not  a  head  of  a  family,  one  horse,  bridle  and  saddle,  all  wear- 
ing apparel,  all  tools,  apparatus  and  books  belonging  to  his  or  her 
private  library. 


604  EXEMPT 

Utah. 

Home  worth  $1,000,  and  personal  'property.  To  each  member  of 
•the  family  $250.  To  the  head  of  the  family  is  allowed  a  home- 
stead not  exceeding  in  value  $1,000,  to  be  selected  by  the  debtor, 
and  personal  property  to  the  value  of  $700  or  more,  according  to 
the  value  of  the  articles  exempt  by  statute;  aside  from  the  home- 
stead, each  member  of  the  family  'is  allowed  $250.  No  property 
shall  be  exempt  from  sale  on  a  judgment  received  for  its  price,  on 
a  mechanic's  lien,  or  a  mortgage  thereon. 

Vermont. 

Home  vjorth  $500,  and  personal  property.  Homestead  to  the 
value  of  $500,  and  products,  such  suitable  apparel,  bedding,  tools, 
arms  and  articles  of  fui-niture  as  may  be  necessary  for  upholding 
life;  one  sewing-machine  kept  for  use;  the  best  swine,  or  the  meat 
of  one  swine;  ten  sheep,  and  one  year's  product  of  said  sheep  in 
wool,  yarn  or  cloth;  forage  sufficient  for  keeping  not  exceeding  ten 
sheep  and  one  cow  through  one  winter;  ten  cords  of  firewood,  or 
five  tons  of  coal;  twenty  bushels  of  potatoes;  such  military  arms 
and  accouterments  as  the  debtor  is  required  by  law  to  furnish;  all 
growing  crops,  ten  bushels  of  grain,  one  barrel  of  flour,  three 
swarms  of  bees  and  hives,  together  with  their  produce  in  honey; 
two  hundred  pounds  of  sugar,  and  all  lettered  gravestones;^  the 
Bibles  and  other  books  used  in  a  family;  one  pew  or  slip  in  a 
meeting-house  or  place  of  religious  worship;  live  poultry  not  ex 
ceeding  in  amount  or  value  the'sum  of  $10;  the  professional  books 
and  instruments  of  physicians,  and  the  professional  books  of  clergy' 
men  and  attorneys  at  law  to  the  value  of  $200,  and  also  one  yoke 
of  oxen  or  steers,  as  the  debtor  may  select,  with  sufficient  forage 
for  the  keeping  of  the  same  through  the  winter;  or  in  lieu  thereof, 
two  horses  kept  and  used  for  team  work  not  to  exceed  in  value 
$200,  with  sufficient  forage  for  keeping  same;  also  pistols,  side- 
arms  and  equipments  personally  used  by  any  soldier  of  the  United 
States  and  kept  by  him  or  his  heirs  as  mementoes. 

Virginia. 

Homestead  and  personal 'property  to  the  value  o/ $2,000.  In 
case  of  a  husband,  parent  or  other  person  who  is  a  householder  or 
head  of  a  family,  the  law  exempts  from  distress  or  levy,  divers 
enumerated  articles  of  household  and  personal  use,  furniture, 
.  bedding,  etc.,  ranging  in  value  from  fifty  to  five  hundred  dollars, 
according  to  the  condition  and  size  of  the  family. 

Beside  the  foregoing,  every  householder  or  head  of  a  family  is 
entitled  to  a  home:^tead  exemption  of  two  thousand  dollars,  to  be 
set  apart  out  of  any  property  which  he  may  select. 


PROPERTY.  605 

Wasliington  Territory . 

HomeioortTi  $1,000,  and  'personal property .  To  6ach  householder, 
being,  the  head  of  a  family,  a  homestead  worth  $1,000,  while  oc- 
cupied by  such  family;  all  wearing  apparel,  private  libraries, 
family  pictures  and  keepsakes.  To  each  householder,  one  bed  and 
bedding,  and  one  additional  bed  and  bedding  for  every  two  addi- 
tional members  of  the  family,  and  otlier  household  goods  of  the 
coin  value  of  $1,500;  two  cows  and  their  calves;  five  swine,  two 
hives  of  bees,  twenty-five  domestic  fowls,  and  provision  and  fuel 
for  six  months.  To  a  farmer,  one  span  of  horses  and  harness,  or 
two  yoke  of  oxen,  and  one  wagon,  with  farming  utensils  not  ex- 
ceeding $200  coin  value.  To  attorneys  and  clergymen,  their 
libraries  valued  at  not  to  exceed  $500,  "with  ofiice  furniture  and 
fuel  Small  boats  and  fire-arms  kept  for  use,  not  exceeding  $50  in 
coin  value;  parties  engaged  in  lightering,  two  lighters  and  one 
small  boat  valued  at  $250;  the  team  of  a  drayman. 

West  Virginia. 

Homeworth  $l,000,and personal  property.  Homestead  to  the  value 
of  $1,000,  where  the  property  of  that  value  is  demised  or  granted 
by  debtor,  being  a  husband  or  parent,  and  resident  in  the  State,  as 
a  homestead;  and  where  he,  previously  to  contracting  the  debt  or 
liability,  has  placed  a  declaration  of  his  intention  to  keep  the 
property  as  a  homestead  on  the  land  records  of  the  county  in 
which  the  real  estate  is  situate.  Personal  property  to  the  value  of 
$300  is  also  exempt,  provided  debtor  is  a  resident  and  a  parent. 

Wisconsin. 

Farm  of  forty  acres.,  or  house  and  lot  in  milage  or  city.,  and 
personal  property .  A  homestead,  consisting  of  land  not  exceed- 
ing forty  acres,  used  for  farming  purposes;  or  in  lieu  of  the  above 
at  the  option  of  the  debtor,  a  lot  in  any  town  or  city  not  to  exceed 
one  fourth  of  an  acre.  Family  Bible,  pictures,  school  books  and 
private  library;  church  pew;  all  wearing  apparel;  usual  house- 
hold furniture,  not  to  exceed  $200;  gun  or  rifie,  not  to  exceed  $50 
in  value;  two  cows;  ten  hogs;  yoke  ofoxen  and  horse  or  mule;  ten 
sheep  and  wool  therefrora,"and  necessary  food  for  said  animals  and 
for  the  debtor's  family  for  one  year;  wagon  and  otlier  farming 
utensils  not  to  exceed  $50;  also,  all  insurance  money  arising  from 
tlie  destruction  of  property  exempt  from  execution;  also,  the 
earnings  for  the  past  sixty  days  of  persons  who  have  families  to 
support. 

The  tools,  implements,  and  stock  in  trade  of  a  mecnanic  or 
miner,  or  other  person,  not  exceeding  $200  in  value;  library  or 
implements  of  any  professional  man  not  exceeding  $2o0  in  value. 
All  sewing  machines  kept  for  use;  any  swords,  plate,  books,  or 
other  articles  presented  by  Congress  or  the  members  thereof. 


606  EXEMPT 

■Wyoming. 

Home  worth  $1,500,  and  jyersonal  property .  A  homestead  con- 
sisting of  a  house  and  lot  in  a  village  or  city,  or  land  not  exceed- 
ing 160  acres,  the  value  not  in  either  case  exceeding  $1,500,  is 
allowed  to  a  householder  occupying  the  same.  Also  the  follow- 
ing property  of  a  householder,  being  the  head  of  a  family,  is  ex- 
empt. Wearing  apparel,  family  Bibles,  pictures,  school  books, 
cemetery  lots,  bedding,  furniture,  provisions  and  such  other 
articles  as  the  debtor  may  select,  not  exceeding  in  value  $500. 
Tools,  team,  or  stock  in  trade  of  a  mechanic,  miner  or  other  per- 
son, kept  and  used  for  the  purpose  of  carrying  on  his  business  or 
trade,  not  exceeding  $300,  are  exempt.  Library,  instruments  and 
implements  of  any  professional  man,  worth  not  more  than  $300. 
The  person  claiming  exemption  must  be  a  bona  fide  resident  of  the 

territory. 

Ontario,  Canada. 

The  bed,  bedding  and  bedsteads  in  ordinary  use  by  the  debtor 
and  his  family;  the  necessary  and  ordinary  wearing  apparel; 
one  stove  and  pipes,  one  crane  and  its  appendages,  one  pair  of 
andirons,  one  set  of  cooking  utensils,  one  pair  tongs,  one  shovel, 
one  table,  six  chairs,  six  knives,  six  forks,  six  plates,  six  teacups, 
six  saucers,  one  sugar  basin,  one  milk  jug,  one  tea-pot,  spoons; 
fifteen  hives  of  bees;  all  spinning  wheels  and  weaving  looms  in 
domestic  use;  ten  volumes  of  books,  one  saw,  one  gun,  six  traps, 
and  such  fishing  nets  and  seines  as  are  in  common  use;  all  neces- 
sary fuel,  meat,  fish,  flour  and  vegetables  actually  provided  for  fam- 
ily use,  not  more  than  suflicient  for  the  ordinary  consumption  of 
tlie  debtor  and  his  family  for  thirty  days,  and  not  exceeding  the 
sum  of  $10;  one  cow,  four  sheep,  two  hogs  and  food  thereof  for 
thirty  days;  the  tools  and  implements  and  chattels  ordinarily  used 
in  the  debtor's  occupation  to  the  value  of  $60. 

Exemption  from  Forced  Sales. — On  free  grants  and  home- 
steads in  the  ^wssession  of  actual  settlers,  in  the  Algoma  and  Nip- 
pissing  Districts,  and  certain  lands  between  the  river  Ottowa  and 
the  Georgian  Bay,  are  exempt  from  seizure,  while  in  personal 
property,  beds,  bedsteads,  bedding,  and  wearing  apparel  of  the 
debtor  and  his  family,  household  furniture,  provisions,  farm  stock, 
tools,  and  implements  to  the  value  of  $60,  are  exempt  from 
seizure. 

New  Brunswick,  Canada. 

There  is  no  homestead  law  in  this  Province.  The  wearing^  ap- 
parel, bedding,  kitchen  utensils,  and  tools  of  his  trade  or  calling, 
to  the  value  of  $100,  of  any  debtor,  are  exempt  from  levy  or  sale 
under  execution. 

Quebec,  Canada. 

Personal  property  exempt  from  forced  sale  being  used  and 
owned  by  the  debtor;    bed,  bedding  and  bedstead,  necessary  wear- 


HOMESTEAD.  607 

ing  apparel  for  himself  and  family;  set  of  table  and  stove  furniture, 
all  spinning  wheels  and  weaver's  looms  in  use  in  the  family ,  one 
ax,  one  gun,  one  saw,  six  traps,  fish-nets  in  common  use,  and  ten 
volumes  of  books;  fuel  and  food  for  thirty  days,  worth  S^O;  one  cow, 
four  sheep,  two  hogs,  with  necessary  food  for  thirty  days;  tools  and 
instruments  used  in  his  trade  to  the  value  of  $20;  fifteen  hives  of 
bees,  and  wages  and  salaries  not  yet  due;  besides  certain  other 
properties  granted  by  the  courts. 

Nova  Scotia. 

There  is  no  homestead  exemption  law  in  this  Province.  Nothing 
is  exempt  from  forced  sale  except  personal  property  to  the  amount 
of  $40. 


HOMESTEAD  AND  HOMESTEADEHS. 

A  circular,  published  by  a- prominent  Western  railway  company, 
thus  condenses  much  valuable  information  for  all  who  contemplate 
taking  up  Government  land. 

"1.  What  is  a  homestead?  it  is  a  farm  given  to  any  man  or 
woman  who  lives  on  it  and  cultivates  it  for  five  years.  We  say 
'given,'  for  the  charges  are  only  about  ten  cents  an  acre — that  is, 
the  cost  of  surveying  and  recording,  amounting  in  all  for  one 
fourth  of  a  square  mile  to  eighteen  dollars  at  most,  and  four  dol- 
lars of  this  sum  is  not  payable  for  five  years. 

"  2.  How  large  a  farm  is  a  homestead?  It  is  a  farm  of  one 
hundred  and  sixty  acres,  except  on  tracts  one  half  of  which  has 
been  granted  in  aid  of  railroads  or  other  public  improvements.* 
On  such  tracts  the  homestead  is  no  more  than  half  the  usual  size, 
unless  the  homesteader  has  served  at  least  ninety  days  as  a 
soldier.  In  that  case  his  homestead  is  a  quarter-section  any- 
where. 

''  3.  Who  may  become  a  homesteader?  Any  man  or  any  woman, 
— that  is,  any  native,  of  legal  age,  and  any  foreigner  who  has  de- 
clared his  intention  to  become  a  citizen,  which  any  immigrant 
may  do  the  very  day  he  lands  in  America. 

"  4.  How  does  one  become  a  homesteader?  He  goes  to  any 
United  States  Land -office,  where  he  has  free  access  to  maps  show- 
ing all  the  vacant  lots  in  the  neighboring  regions.  He  then  goes 
and  picks  out  the  one  he  likes  best,  returns  to  the  land-office, 
makes  an  application,  according  to  the  legal  forms  furnished  by 
the  officer  there,  for  that  lot  as  his  homestead,  and  leaves  those 
forms  for  record,  pays  at  most  fourteen  dollars,  and  is  henceforth 

*  These  homesteads  are  now  increased  to  160  acres  in  size. 


608  •  STATE   LAWS 

monarcli  of  all  lie  snrve^^s  on  the  farm  of  his  choice.  But  the 
homesteader  is  not  obliged  to  go  in  person  to  the  Government  land- 
office.  In  most  cases  he  can  ascertain  from  local  land-agents^  or 
residents  what  lands  are  vacant,  and  then  make  his  application 
for  the  homestead  he  wishes  to  occupy,  before  the  clerkof  the 
court  in  the  county  where  it  lies,  sending  with  it  an  affidavit,  with 
his'  reasons  for  not  appearing  in  person. 

"5.  How  soon  must  a  homesteader  begin  to  occupy  his  land^ 
At  any  time  within  six  months  after  his  application  is  put  on 
record,  and  he  may  journey  away  from  his  land  at  will,  if  not 
absent  more  than  half  a  year  at  once,  and  provided  that  he  fixes 
his  residence  nowhere  else. 

"6.  Can  a  homesteader  become  the  full  owner  of  his  farm 
sooner  than  at  the  end  of  five  years?  Yes;  after  six  months'  resi- 
dence, he  can,  at  any  time,  purchase  his  land  by  paying  the  Gov- 
ernment price,  the  maximum  of  which  is  two  dollars  and  fifty  cents, 
and  the  minimum  half  that  sum  per  acre. 

'  7.  What  if  a  homesteader  is  in  debt?  His  homestead  is  exempt 
from  liabilities  for  any  debt  contracted  previous  to  his  perfecting 
his  claim  to  that  land;  and  in  some  States  it  is  not  liable  to  attach- 
ment for  any  subsequent  debt. 

"8.  How  is  a  full  title  finally  obtained?  After  the  home- 
steader has  resided  on  his  land,  and  tilled  it  for  five  years,  if  at 
any  time  within  two  years  he  proves  that  fact  to  the  register  of 
the  land-office  where 'his  application  was  recorded,  that  officer  will 
obtain  for  him  from  Washington  a  full  title  to  his  land,  charging 
him  onlv  a  fee  of  four  dollars. 

"  9.  "Is  not  one  man  as  good  as  another?  '  Yes,'  said  an  Irish- 
man, 'and  a  great  deal  better.'  But  Congress  has  enacted  that 
every  soldier  is  equal  to  two  other  men.  The  act  was  approved 
by  the  President,  July  15,  1870.  It  provides  that  every  person 
who  has  served  loyally  ninety  days  in  the  national  army  or  navy 
is  entitled,  on  the  term's  above  explained,  '  to  enter  and  receive  a 
patent  for  one  whole  quarter- section  of  land' — that  is,  one  hun- 
-  dred  and  sixty  acres— where  other  men  can  only  enter  eighty,  '  of 
the  alternate  reserved  sections  along  the  lines  of  any  one  of  the 
railroads  wherever  public  lands  have  been  granted  by  acts  of 
Congress.'  In  order  to  gain  these  privileges,  the  soldier  rnust 
pursue  the  same  routine  and  pay  the  fees  as  if  he  were;  a  civilian. 
But  he  gets  twice  as  much  land." 


ABSTRACT     OF     THE     LAWS     OF     THE     VARIOUS 
STATES  OF  THE  UNITED  STATES  AND  PROV- 
INCE OF  CANADA  IN  RELATION  TO  DEEDS. 
Alabama. 

Acknowledgment  and  proof  of  conveyances  may  be  taken  by 
judges  of  any  court  of  record,  their  clerks,  chancellors  and  regis- 


REGARDING  DEEDS.  609 

ters  in  chancery,  justices  of  the  peace  and  notaries  public.  In 
otlier  States  by  the  judges  and  clerks  of  any  court  of  record  in 
any  State,  notary  public  or  commissioner  appointed  by  the  Gov- 
ernor ot  Alabama.  Out  of  the  United  States,  such  acknowledg- 
ments and  proof  may  be  taken  by  the  judge  of  any  court  of  record, 
mayor  or  chief  magistrate  of  any  city,  town,  borough  or  county, 
notary  public,  or  any  diplomatic,  consular  or  commercial  agent  of 
the  United  States.  All  conveyances  of  land  must  be  written  or 
printed  on  parchment  or  paper,  and  signed  by  the  vender,  or  by  his 
agent,  legally  authorized  in  writing.  A  wife  may  relinquish  her 
right  to  dower  by  joining  with  her  husband  in  a  conve3'^ance  of 
land,  and  acknowledging  same  as  above  provided.  A  husband 
must  join  in  conveyance  of  wife's  separate  property. 

Arkansas. 

Deeds  must  be  under  seal — a  scrawl  is  a  seal.  Acknowledgment 
may  be  made  before  a  justice  of  the  peace  of  the  county  where  the 
land  lies,  judge  or  clerk  of  any  court  of  record,  or  notary  public. 
Acknowledgments  in  other  States  and  foreign  countries  same  as 
in  Alabama. 

California 

Deeds  need  not  be  under  seal.  Acknowledgment  may  be  made 
within  the  State,  before  a  judge  or  clerk  of  a  court  of  record,  or 
a  mayor  or  recorder  of  a  city,  or  a  court  commissioner,  or  a  county 
recorder,  or  a  notary  public,  or  a  justice  of  the  peace.  Out  of  the 
State,  and  in  the  United  States,  before  a  justice  of  the  peace  or 
clerk  of  any  court  of  record;  or  a  commissioner  appointed  by  the 
Governor  of  this  State  for  that  purpose;  or  any  other  officer 
authorized  by  its  laws  to  take  such  acknowledgment.  Out  of  the 
United  States,  before  a  minister,  commissioner  or  charge  cV  affaires 
of  the  United  States,  resident  and  accredited  in  the  country  where 
such  acknowledgment  is  made;  or  a  judge  of  a  court  of  record 
of  the  country  where  the  acknowledgment  is  made,  or  a  commission 
appointed  for  that  purpose  by  the  Governor  of  the  State,  pursuant 
to  special  statutes,  as  a  notary  public.  The  husband  or  wife  can 
each,  without  the  consent  or  assistance  of  the  other,  convey  his  or 
her  separate  property.  They  must  join  in  a  conveyance  of  their 
community  property. 

Colorado. 

Deeds  must  be  under  seal — a  scrawl  is  a  seal.  Acknowledg- 
ments in  the  State  may  be  made  before  any  judge  or  clerk  of  a 
court  of  record  under  the  seal  thereof,  or  before  the  clerk  and 
recorder  of  any  county  or  his  deputy  under  the  county  seal,  or 
before  any  notarj'  public  under  his  notarial  seal,  or  before  any  jus- 
tice of  the  peace.  Acknowledgments  out  of  the  State  and  in  any 
foreign  country  should  be  made  as  in  California.  Witnesses  to 
deeds  are  not  necessary,  but  are  desirable. 
39 


610  STATE    LAWS 

Connecticut. 

Deeds  must  be  4n  writing,  and  under  seal  (a  scrawl  is  a  seal), 
subscribed  by  the  grantor  or  his  attorney  duly  authorized,  attested 
by  two  witnesses,  with  tlieir  own  hands,  and  acknowledged  by  the 
grantor  as  his  free  act  and  deed.  Acknowledgment  in  the  State, 
is  made  before  a  judge  of  a  court  of  record  of  this  State  or  of  the 
United  States,  justice  of  the  peace,  commissioner  of  the  school 
fund,  commissioner  of  the  superior  court,  notary  public,  town 
clerk  or  assistant  town  clerk.  Acknowledgments  out  of  the  State, 
and  in  foreign  countries,  should  be  made  as  in  California.  Con- 
veyances of  real  estate  situated  in  this  State,  and  powers  of  attor- 
ney therefor,  executed  and  acknowledged  in  any  other  State  or 
Territory  in  conformity  to  its  laws  relative  to  the  conveyance  of 
lands  therein  situated,  are  valid.  The  wife  need  not  be  privately 
examined  apart  from  her  husband.  The  husband  joins  with  the 
wife  in  the  conveyance  of  her  real  estate,  but  conveys  his  own 
without  her  signature.  Dower  attaches  only  to  the  real  estate 
belonging  to  the  husband  at  his  decease. 

District  of  Columbia. 

Acknowledgments  may  be  made  before  any  of  the  following 
named  officers  of  State,  district,  county  or  Territory  within  the 
United  States,  in  which  person  making  the  deed  may  be  living, 
namely:  Before  any  judge  or  court  of  record  and  of  law;  any  chan- 
cellor of  State;  any  judge  of  the  supreme,  circuit,  district  or  terri- 
torial courts  of  the  United  States;  any  justice  of  the  peace; 
any  notary  public;  any  commissioner  of  the  circuit  court  of 
the  district  appointed  "^  for  that  purpose.  The  officer  taking 
acknowledgment  must  annex  to  the  deed  a  certificate  under 
his  hand  and  seal.  When  acknowledgments  are  made  beyond 
limits  of  the  district,  within  the  United  States,  the  certificate  of 
the  same  must  be  accompanied  by  certificate  of  the  register,  clerk, 
or  other  public  officer  having  cognizance  of  the  fact  under  his  offi- 
cial seal,  tliat,  at  the  date  of  the  acknowledgment,  the  officer  taking 
the  same  was,  in  fact,  the  officer  he  purported  to  be.  Deeds  made 
in  a  foreign  country  may  be  executed  and  acknowledged  before  any 
judge  or  chancellor  of  any  court,  master,  or  master  extraordinary 
in  chancery,  or  notary  public,  or  before  any  secretary  of  legation 
or  consular  officer  of  the  United  States. 

Dela^ware. 

Deeds  must  be  in  writing  under  seal — a  scrawl  is  a  seal. 
Acknowledgments  m.ay  be  made  before  any  judge  or  clerk  of  record, 
justice  of  the  peace  or  notary  public.  If  out  of  the  State  and  in  a 
foreign  country,  the  same' as  in  Alabama.  Only  one  witness  is 
necessary  to  a  deed.  The  certificate  of  acknowledgment  mmi 
show  the  wife  relinquishes  her  dower,  and  the  private  examination 
should  be  certified.  Deeds  must  be  recorded  within  one  year  after 
the  sealing  and  delivering  of  the  instrument. 


REGARDING    DEEDS.  611 

Florida. 

Deeds  must  be  in  writiner,  sealed  and  delivered  in  the  presence  of 
not  less  than  two  witnesses — a  scrawl  with  the  word  seal  written  in 
it  is  a  sufficient  seal.  Acknowledgments  may  be  made  before  any 
judge,  clerk  of  the  circuit  court,  notary  public  or  justice  of  the 
peace  within  the  State.  If  executed  in  any  other  State,  or  foreign 
country,  they  may  be  made  as  given  in  State  of  Alabama.  Should 
the  deed  beackn'owledged  in  any  other  State  or  country,  before 
any  officer  not  having  a  seal  of  office,  he  should  have  attached 
thereto  a  certificate  of  the  clerk  of  a  court  of  record,  a  certificate 
ot  the  secretary  of  state,  minister  plenipotentiary  extraordinary, 
minister  resident,  charged'  affaires^  commissioner  or  consul  (as  the 
case  may  be),  that  the  person  whose  name  is  subscribed  to  the 
certificate  of  acknowledgment  was  at  the  date  thereof  such  officer 
as  he  is  therein  represented  to  be,  that  he  believes  the  signature 
of  such  persons  subscribed  thereto  to  be  genuine,  and  that  the 
deed  is  executed  and  acknowledged  according  to  the  laws  of  such 
State,  Territory  or  foreign  country.  Deeds  must  be  recorded  within 
six  months  after  the  sealing  and  delivery  of  the  instrument.  The 
wife  must  join  with  the  liusband  in  the  execution  of  deeds  to 
relinquish  her  dower. 

Georgia 

Deeds  must  be  in  writing,  under  seal,  signed  by  the  maker, 
attested  by  at  least  two  witnesses  and  delivered  to  the  purcliaser, 
or  some  one  for  him,  and  made  for  a  consideration.  Acknowledg- 
ment in  this  State  must  be  attested  by  a  judge  of  a  court  of  record, 
or  a  justice  of  the  peace,  or  notary  public,  or  clerk  of  the  superior 
court  of  the  county  where  the  land  lies.  Out  of  this  State  it  must 
be  attested  by  a  commissioner  of  deeds  for  the  State  of  Georgia,  or 
a  consul  or  vice  consul  of  the  United  States,  or  by  a  judge  of  a  court 
of  record  in  the  State  where  executed,  with  the  certificate  of  the 
clerk,  under  the  seal  of  such  court,  of  the  genuineness  of  the  sig- 
nature of  such  judge.  Deeds  must  be  recorded  within  one  year 
from  date  of  sealing  and  delivery,  and  on  failure  to  record,  such 
deed  loses  priority  over  a  subsequent  deed  which  is  recorded. 

Illinois. 

Deeds  must  be  under  seal — a  scrawl  answers  tor  a  seal.  No  wit- 
nesses are  required.  Acknowledgments  in  this  State  may  be 
made  before  any  judge  or  clerk  of  a  court  of  record,  master  in 
chancery,  notary  "public.  United  States  Commissioner,  circuit  or 
county  clerk,  or  justice  of  the  peace.  Without  the  State,  such 
acknowledgment  may  be  taken  before  a  justice  of  the  peace,  a 
notary  public.  United  States  Commissioner,  commissioner  to  take 
acknowledgments  of  deeds,  mayor  of  a  city,  clerk  of  a  county, 
or  before  any  judge,  justice  or  clerk  of  the  supreme  court,  or  any 
circuit  or  district  court  of  the  United  States,  or  any  judge,  justice 


612  STATE     LAWS 

or  clerk  of  any  of  the  supreme,  circuit,  superior,  district,  county 
or  common  pleas  courts  of  any  of  the  United  States  or  their  Territo- 
ries. Without  the  State  and  in  foreign  countries,  the  acknowledg- 
ment may  be  taken  before  any  Illinois  commissioner,  or  before 
any  officer  of  the  State,  Territory  or  county  where  made,  author- 
ized by  the  laws  thereof  to  take  acknowledgments.  The  officer 
must  be  authenticated  by  the  certificate  of  the  county  clerk  or  of  a 
court  of  record,  under  his  official  seal.  No  deed  or  other  instru-' 
ment  can  be  construed  as  releasing  or  waiving  the  right  of  home- 
stead, unless  the  same  shall  contain  a  clause  expressly  releasing  or 
waiving  such  right;  and  in  such  case,  the  certificate  of  acknowl- 
edgment must  contain  a  clause  substantially  as  follows:  "  Including 
the  release  and  the  waiver  of  the  right  of  homestead." 

Indiana. 

Deeds  must  be  in  writing,  signed  and  acknowledged;  seals  and 
scrolls  are  abolished;  the  word  "heirs"  is  not  necessary,  neither 
are  witnesses.  Acknowledgments  in  this  State  may  be  made  be- 
fore a  justice  of  the  peace  of  the  county  where  the  land  lies,  before 
a  judge,  or  before  a  notary  public;  if  out  of  the  State,  before  a 
commissioner  of  this  State,  notary  public,  or  before  the  chief  offi- 
cer or  mayor  of  a  town  or  city  who  has  a  seal,  or  before  a  consul 
or  minister  of  the  United  States  who  has  a  seal.  The  seal  must 
be  attached  and  the  deed  recorded  in  the  county  where  the  land 
lies. 

lovra. 

Deeds  must  be  in  writing,  signed  and  acknowledged;  seals  and 
witnesses  are  not  necessary.  Acknowledgments  made  in  the  State 
must  be  before  a  judge  or  clerk  of  any  court  of  record,  county 
auditor  or  his  deputy,  each  notary  public  and  justice  of  the  peace 
in  his  own  county.  Out  of  State  must  be  before  some  court  of 
record,before  some  commissioner  for  the  State  of  Iowa,  or  before  a 
notary  public  or  justice  of  the  peace. 

Kansas. 

Deeds  must  be  in  writing,  subscribed  by  the  grantor,  or  his 
attorney,  or  his  agent  and  attorney.  Private  seals  and  witnesses 
are  not  necessary.  Acknowledgments  within  this  State  must  be 
before  some  court  having  a  seal,  or  some  judge,  justice  or  clerk 
thereof,  or  some  justice  of  the  peace,  notary  public,  county  clerk 
or  register  of  deeds,  or  mayor  or  clerk  of  an  incorporated  city. 
When  acknowledged  without  this  State,  it  must  be  before  some 
court  of  recoid,  or  clerk  or  officer  holding  the  seal  thereof,  or 
before  some  notary  public  or  justice  of  the  peace,  or  commissioner 
to  take  acknowledgments  appointed  by  the  Governor  of  this  State, 
or  before  any  consul  of  the  United  States,  resident  in  a  foreign 
port   or   countr3^     If   taken   before  a  justice   of  the   peace,    the 


REGARDING   DEEDS.  613 

acknowledgment  must  be  accompanied  by  a  certificate  of  his  offi- 
cial character,  under  the  hand  of  some  court  of  record,  to  which 
the  seal  of  said  court  shall  be  affixed.  Husband  and  wife  should 
always  join  in  conveyances.  No  separate  acknowledgment  is 
required  on  the  part  of  the  wife. 

Ke  ntucky . 

Deeds  must  be  in  writing;  no  seal  is  necessary.  Acknowledgments 
in  this  State  by  persons  other  than  married  women  may  be  made  be- 
fore the  clerk  of  a  county  court;  outside  of  the  State,  in  conformity 
with  the  laws  of  the  State  oi  country  where  acknowledged.  A 
deed  of  a' married  woman  must  be  acknowledged  as  named  in  the 
preceding  sections.  Previous  to  such  acknowledgment,  it  shall  be 
the  duty  of  the  officer  to  explain  to  her  the  contents  and  the  effect 
of  the  deed  separately  and  apart  from  her  husband,  and  thereupon, 
if  she  freely  and  voluntarily  acknowledge  the  same,  and  is  willing 
for  it  to  be  recorded,  the  officer  shall  certify  the  same.  When 
taken  by  an  officer  out  of  this  State,  the  same  must  be  acknowl- 
edged and  certified  to.  Deeds  must  be  legally  presented  for  record 
within  sixty  days  from  the  date  thereof.  By  non-residents,  within 
four  months;  if  out  of  the  United  States,  within  twelve  months. 
Deeds  are  not  legally  recorded  until  the  clerk's  tax  is  paid.  The 
county  clerk  is  the  recorder  of  deeds.  Deeds  must  be  recorded  in 
the  county  where  the  land  lies,  and  take  effect  in  the  order  in 
which  they  are  recorded. 

Louisiana. 

Deeds  must  be  in  writing;  no  seal  or  scrawl  is  necessary.  Ac- 
knowledgment in  the  State  must  be  made  before  a  notary  publicor 
recorder  in  presence  of  two  witnesses,  who  may  prove  the  sig- 
nature. Out  of  the  State,  before  a  commissioner  of  Louisiana,  or 
in  conformity  with  the  laws  of  the  State  where  acknowledged. 
The  imsband  must  join  in  the  execution  of  a  deed  made  by  the 
wite  conveying  her  real  estate,  and  authorize  her.  When  the  hus- 
band sells  his  own  real  estate,  the  wife  must  join  him  and  renounce 
all  her  rights,  and  she  must  be  examined  apart  from  her  husband 
and  duly  informed  of  the  nature  of  the  act. 

Maine. 

Deeds  must  be  in  writing,  signed,  under  seal  (a  scroll  is  not 
sufficient);  witnesses  are  not  necessary;  acknowledgment  in  the 
State  must  be  before  a  justice  of  the  peace.  Out  of  the  State, 
before  any  justice  of  the  peace,  magistrate,  notary  public,  commis- 
sioner for  the  State,  or  by  any  United  States  minister,  consul,  or  any 
notary  public  in  any  foreign  country.  The  wife  must  join  in  the 
deed  to  relinquish  dower,^r  she  may  do  it  by  a  separate  deed. 
When  she  joins  with  her  husband  in  the  same  deed,  either  can 
acknowledge  the  instrument.  No  separate  examination  of  the 
wife  is  necessary 


614  STATE    LAWS 

Maryland. 

Deeds  must  be  in  writing,  signed  and  sealed  (a  scroll  is  suffi- 
cient), and  attested  by  at  least  one  witness,  and  a  consideration 
stated.  Acknowledgments  in  the  State  may  be^  made  before  any 
court  of  record,  jus'tice  of  tlie  peace,  the  official  character  of 
the  justice  of  the  peace  duly  certified  to  under  seal.  Without 
the  State,  before  a  notary  public,  a  judge  of  any  court  of 
record,  or  a  commissioner  of  Maryland,  to  take  acknowledgment  of 
deeds.  Out  of  the  United  States,  before  any  minister  or  consul  of 
the  United  States,  a  notary  public  under  seal.  The  wife  must  join 
the  husband  in  deeds  of  fee  simple  property  to  release  her  right 
of  dower.  No  separate  examination  or  special  form  of  acknowl- 
edgment is  necessary  for  a  married  woman.  Deeds  must  be  recorded 
within  six  months  from  date  of  signing  and  delivery. 

Massachusetts. 

Deeds  must  be  in  writing,  signed  and  sealed;  a  wafer  or  other 
substance  upon  which  an  impression  may  be  made  is  a  valid  seal. 
A  witness  is  not  necessary.  Acknowledgments  may  be  made  before 
any  justice  of  the  peace,  magistrate  or  notary  public,  or  commis- 
sioner appointed  for  that  purpose  by  the  Governor  of  this  State 
within  the  United  States,  or  in  any  foreign  country,  or  before  a 
minister  or  consul  of  the  United  States  in  any  foreign  country.  In 
signing  deeds  it  is  not  necessary  that  the  wife  should  be  separately 
examined;  it  is  sufficient  to  bar  her  dower  if  she  join  with  her 
husband  in  the  conveyance. 

Michigan. 

Deeds  must  be  in  writing,  signed  and  sealed  (a  scroll  is  regarded 
as  a  seal),  and  attested  by  witnesses.  Acknowledgments  may  be 
made  before  any  judge  or  commissioner  of  a  court  of  record,  or 
before  any  notary  public  or  justice  of  the  peace  within  the  State. 
The  deed  must  be  recorded  in  the  county  where  the  land  lies. 
When  executed  in  any  other  State  they  must  be  executed  accord- 
ing to  the  laws  of  such  State,  and  the  execution  thereof  may  be 
acknowledged  before  any  officer  authorized  by  the  laws  of  such 
State  to  take  acknowledgments;  or  they  may  be  acknowledged 
before  any  commissioner  appointed  by  the  Governor  of  this  State 
for  such  purpose.  The  acknowledgment  by  a  married  woman,  when 
she  joins  with  her  husband  in  a  deed,  must  be  taken  separately 
and'ajjart  from  her  husband,  and  she  must  acknowledge  that  she 
executes  the  same  freely  and  without  any  fear  or  compulsion  from 
any  one.  A  husband  is  not  required  to  join  in  a  deed  by  the  wife 
conveying  her  property. 

Minnesota. 

Deeds  must  be  iri  writing,  signed  and  ssealed  (a  scroll  is  regard/ed 
as  a  seal),  and  attested   by  two  witnesses,    and   recorded  in   the 


REGARDING     DEEDS.  615 

county  where  the  property  is.  Acknowledgments  may  bo  made 
V)efore  a  judge,  a  clerk  of  any  court  of  record,  notary  public,  jus- 
tice of  the  peace,  or  court  commissioner.  Out  of  this  State,  beiore 
a  judge  of  a  United  States  court,  judges  or  clerks,  or  justices  of 
the  peace,  notaries  public  under  seal,  or  commissioners,  appointed 
by  the  Governor  of  this  State  for  that  purpose.  No  separate 
acknowledgment  to  a  deed  is  required  by  a  wife,  but  she  must  join 
in  her  husband's  acknowledgment. 

Mississippi. 

Deeds  must  be  in  writing,  signed  and  sealed  (a  scrawl  being 
regarded  as  a  seal),  and  attested  by  two  witnesses.  Acknowledg- 
ments may  be  made  before  any  judge  or  clerk  of  a  court  of  record, 
justice  of  the  peace,  or  member  of  the  board  of  supervisors  in  the 
State.  If  outside  of  the  State,  same  as  in  Illinois.  If  a  married 
woman  is  a  party  to  a  deed  she  must  be  examined  separate  and 
apart  from  her  husband,  and  acknowledge  that  she  signed,  sealed, 
and  delivered  the  foregoing  deed  as  her  own  voluntary  act  and 
deed,  freely,  without  any  fear,  threats,  or  compulsion  of  her  hus- 
band. 

Missouri. 

Deeds  must  be  in  writing,  signed  and  sealed — a  scrawl  is 
regarded  as  a  seal.  Witnesses  are  not  necessary.  Acknowledg- 
ments in  this  State  may  be  made  before  a  justice  of  the  peace  of 
the  county  where  the  land  lies,  before  a  court  or  judge,  the  court 
having  a  seal,  or  before  a  notary  public;  if  out  of  this  State,  be- 
fore a  commissioner  of  this  State,  notary  public,  or  before  a  court, 
or  judge,  or  clerk  of  a  court  having  a  seal,  or  chief  officer,  or 
mayor  of  a  town  or  a  city  who  has  a  seal,  or  consul,  or  min- 
ister of  the  United  States  who  has  a  seal.  The  seal  must  be 
attached  and  the  deed  recorded  in  the  county  where  the  land  lies. 

Nebraska. 

All  deeds  must  be  in  writing,  and  signed  by  the  grantor,  in  the 
presence  of  at  least  one  witness,  who  must  subscribe  as  such  and 
be  duly  acknowledged  or  proved  and  recorded.  Seals  are  not 
necessary.  Acknowledgments  may  be  taken  before  a  judge  or 
clerk  of  any  court,  justice  of  the  peace,  or  notary  ])ublic;  no  officer 
can  take  any  such  acl>nowledgment  or  proof  out  of  his  State  juris- 
diction. The  certificate  of  acknowledgment  must  be  indorsed  on 
the  instrument,  and  show  that  the  grantor  acknowledged  the  same 
to  be  his  voluntary  act  and  dee  1,  and  that  the  officer  before  whom 
the  same  was  taken  knew  him  to  be  the  identical  person  whose 
name  was  affixed  as  grantor,  or  had  satisfactor}'  evidence  of  the 
fact.  Acknowledgments  taken  in  other  States  or  foreign  countries 
made  as  in  State  of  Illinois.  All  deeds  duly  executed  and 
acknowledged  must  be  recorded  in  the  office  of  the  clerk  of  the 


616  STATE    LAWS 

county  in  which  the  land  lies;  in  case  the  land_  is  situated  in  an 
unorganized  district,  the  deed  is  to  be  recorded  in  the  office  of  the 
clerk  of  that  county  to  which  said  district  is  attached  for  judicial 
purposes.  No  separate  examination  is  required  in  taking  a  wife's 
acknowledgment;  to  convey  her  right  of  dower  she  must  execute 
a  deed  with  or  without  her  husband. 

Nevada. 

Deeds  must  be  in  writing,  signed  and  sealed,  a  scrawl  being 
sufficient.  Witnesses  are  not  necessary.  Acknowledgments  may 
be  made  before  a  judge  or  clerk  of  a  court  having  a  seal,  a  notary 
public,  or  a  justice  of  the  peace.  Out  of  the  State,  before  any  judge, 
clerk  of  a  court  having  a  seal,  a  notary  public,  or  justice  of  the 
peace,  or  a  commissioner  of  this  State.  Outside  of  the  United 
States  before  some  judge  or  clerk  of  a  court  oT  a  State,  Kingdom, 
or  Empire,  having  a  seal,  a  notary  public,  or  by  a  minister,  com- 
missioner or  consul  of  the  United  States.  If  the  grantor  does  not 
acknowledge  the  execution  of  the  deed,  the  witness  may  prove  his 
signature;  but  if  the  witnesses  are  dead  or  cannot  be  had,  proof  by 
competent  parties,  under  oath,  of  the  signature  of  the  grantor, 
and  at  least  one  witness.  The  wife  must  join  the  husband  in  the 
execution  of  a  deed. 

New  Hampsliire. 

Deeds  must  be  in  writing,  signed  and  under  seal,  and  attested 
by  two  or  more  competent  witnesses.  Acknowledgments  may  be 
made  before  a  justice  of  the  peace  of  the  county  where  the  land 
lies,  before  a  court  or  judge,  the  court  having  a  seal,  or  before  a 
notary  public;  if  out  of  the  State  before  a  commissioner  of  this 
State,  notary  public,  or  before  a  court,  or  judge  or  clerk  of  a  court 
having  a  seal,  or  before  the  chief  officer  or  mayor  of  a  town  or 
city  who  has  a  seal,  or  before  a  consul  or  minister  of  the  United 
States  who  has  a  seal,  or  a  justice  of  the  peace.  The  seal  must  be 
attached,  and  the  deed  recorded  in  the  county  where  the  land  lies. 
No  separate  acknowledgment  is  required  to  be  made  by  the  wife, 
nor  need  she  be  examined  separate  and  apart  from,  her  husband, 
but  she  must  join  in  the  deed  to  bar  her  dower  or  homestead. 
Certificate  need  not  state  that  the  wife  releases  her  dower. 

New  Jersey. 

Deeds  must  be  in  writing,  signed  and  under  seal,  of  wafer  or 
wax,  and  attested  by  at  least  one  witness.  The  word  "heirs" 
should  be  incorporated  to  convey  fee  simple.  Acknowledgment 
must  be  before  the  chancellor  or  justice  of  the  supreme  court,  a 
master  in  chancery,  a  judge  of  tl'ie  court  of  common  pleas,  or  a 
commissioner  of  deeds.  Outside  of  the  State  or  in  a  foreign  coun- 
try, same  as  law  of  New  York.     P>otli  husband  and  wife  nmst  join 


REGARDING    DEEDS.  617 

in  a  deed  conveying  the  estate  of  either  the  wife  to  relinquish  her 
dower  in  her  husband's  estate,  and  the  husband  to  give  his  assent 
to  the  wife's  conveyance. 

New  York. 

Deeds  must  be  in  writing,  signed  and  under  seal,  of  wafer  or  wax 
(a  scrawl  is  not  sufficient),  with  one  or  more  subscribing  witnesses, 
unless  the  deed  is  acknowledged  by  the  grantor.  Within  the  State 
the  acknowledgment  luust  be  made  by  judicial  officers  generally, 
by  notaries  public  and  commissioners  of  deeds.  Without  the  State 
the  acknowledgment  may  be  taken  before  any  New  York  commis- 
sioner, or  before  any  officer  of  the  State  or  Territory  where  made, 
authorized  by  the  laws  thereof  to  take  acknowledgments.  The 
officer  must  be  authenticated  by  the  certificate  of  the  county  clerk 
under  his  official  seal. 

North  Carolina. 

Deeds  must  be  in  writing,  signed  and  sealed  (a  scrawl  being 
sufficient),  acknowledged  and  proved  by  one  or  more  subscribing 
witnesses.  Within  the  State  before  a  judge  or  clerk  of  a  court  of 
record,  or  notary  public.  When  taken  outside  of  the  State  and 
in  foreign  countries  they  may  be  acknowledged  as  in  New  York. 
The  wife  must  join  the  husband  in  the  execution  of  all  deeds  con- 
cerning real  estate,  to  bar  her  dower,  and  her  signature  cannot  be 
proven,  but  her  separate  acknowledgment  must  be  taken;  she 
must  be  examined  privily,  and  apart  from  her  husband,  and 
must  show  she  does  it  to  relinquish  her  dower.  Deeds  _  must 
be  recorded  within  two  years  in  the  county  where  the  land  lies. 

Ohio. 

Deeds  must  be  in  writing,  signed,  sealed  (a  scroll  will  suffice), 
and  acknowledged  in  the  presence  of  two  attesting  witnesses,^  be- 
fore any  officer  in  the  State  empowered  to  take  depositions.  If  the 
grantor  is  a  non-resident  he  may  execute  according  to  the  laws  of 
the  State  of  Ohio,  or  the  laws  of  the  State  or  country  where  it  is 
executed  and  acknowledged.  Deeds  must  be  recorded  within  six 
months  from  date  of  execution.  The  wife  must  join  her  husband 
in  a  deed  or  power  of  attorney,  whether  the  land  be  in  her  own 
right,  or  she  have  but  a  dower  interest  therein. 

Oregon. 

Deeds  must  be  in  writing,  signed,  -sealed  (a  scroll  is  sufficient), 
and  attested  by  two  witnesses,  and  duly  acknowledged  and  re- 
corded in  the  county  where  the  land  lies.  Acknowledgment  may 
be  made  before  any*  judge  of  a  court  of  record,  justice  of  the  peace 
or  notary  public  out  of  the  State,  in  conformity  with  the  laws  of 
the  State  or  county  where  acknowledged,  accompanied  by  a  cer- 
tificate of  the  clerk' or  other  proper  certitying  officer  of  a  court  of 
record,  under  the  seal  of  his  office,  that  the  person  whose  name  is 
subscribed  to  the  certificate  of  acknowledgment  was,  at  the  date 


618  STATE     LAWS 

thereof,  such  officer  as  he  is  therein  represented  to  be;  that  he  be- 
lieves the  signature  of  such  person  subscribed  thereunto  to  be  gen- 
uine, and  tliat  the  deed  is  executed  and  acknowledged  according 
to  the  laws  of  such  State,  Territory  or  district. 

Pennsylvania. 

Deeds  must  be  in  writing,  signed,  sealed  (a  scroll  is  sufficient), 
and  attested  by  two  witnesses.  Acknowledgments  may  be  made 
before  any  judge  of  a  court  of  record,  mayor,  recorder,  and  alder- 
man of  Philadelphia,  Pittsburg,  Allegheny  and  Carbondale,  the 
recorders  of  deeds,  the  notaries  public,  and  all  justices  of  the  peace. 
"Without  the  State,  in  any  foreign  country,  the  acknowledgment 
may  be  taken  before  any  officer  of  the  State,  Territory  or  country 
where  made,  authorized  by  the  laws  thereof  to  take  acknowledg- 
ments; such  officers  must  be  authenticated  by  a  clerk  of  county  or 
court  under  seal;  if  the  grantor  is  in  the  military  service  of  the 
United  States,  before  any  person  holding  the  rank  of  major  or  any 
higher  rank  in  said  military  service.  Proof  of  the  execution  of  a 
deed  may  be  made  by  the  affidavit  of  a  subscribing  witness.  Powers 
of  attorney  relating  to  real  estate  must  be  acknowledged  the  same 
as  deeds.  Deeds  must  be  recorded  in  the  county  where  the 
property  lies.  No  deed  or  contract  relating  to  the  real  estate  by  a 
wife  is  binding  upon  her,  unless  duly  acknowledged. 

Rhode  Island. 

Deeds  must  be  written,  signed  and  sealed  (a  scroll  is  not  suffi- 
cent).  Witnesses  are  not  necessary.  Acknowledgments  may  be 
made  before  a  senator,  judge,  justice  of  the  peace,  notary  public, 
or  town  clerk.  Out  of  the  State  acknowledgments  may  be  made 
as  in  New  York.  Deeds  must  be  recorded  in  the  county  where 
the  property  lies.  The  wife  nmst  join  in  the  execution  of  a  deed 
made  by  the  husband,  to  relinquish  dower;  the  husband  alone  is 
required  to  acknowledge  it. 

South.  Carolina. 

Deeds  must  be  in  writing,  signed,  sealed  (a  scroll  is  sufficient), 
in  the  presence  of  at  least  two  attesting  witnesses,  and  must  be 
recorded  in  the  parish  where  the  land  lies  in  thirty-three  days  after 
acknowledgment.  Acknowled^rments  in  the  State  must  be  made 
before  a  trial  justice  or  notary  public;  without  the  State  before  a 
commissioner  of  this  State  only.  Previous  to  the  probate  of  a 
deed  one  of  the  subscribing  witnesses  must  go  before  a  notary 
public  or  trial  justice,  if  in  this  State,  or  before  a  commissioner  for 
this  State  if  out  of  the  State,  and  make  affidavit  that  he  saw  the 
grantor  sign,  seal,  and,  as  his  act  and  deed,  deliver  that  deed,  and 
that  he,  with  the  other  subscribing  witness,  naming  him,  did  wit- 
ness the  execution  thereof. 

Tennessee. 

Deeds  must  be  in  writing,    signed  and   acknowledged  by  the 


REGARDING    DEEDS.  619 

grantor  before  two  attesting  witnesses,  and  recorded  in  the  county 
where  the  land  lies.  Acknowledgments  may  be  made  in  the  State, 
other  States  and  foreign  countries,  saine  as  in  Kentucky.  Seals 
have  been  abolished.  In  this  State  the  wife  has  no  dower  in  land 
granted  in  fee  by  the  husband,  and  it  is  not  necessary  for  her  to 
join  in  the  deed;  if  a  trust  deed  is  given,  then  the  wife  must 
relinquish  dower  by  joining  in  the  deed.  In  a  separate  estate 
belonging  to  the  wife,  the  husband  must  always  join  her  in  the 
deed. 

Texas. 

Deeds  must  be  in  writing,  signed,  sealed  (a  scroll  is  sufficient), 
and  acknowledged.  If  not  acknowledged  it  must  be  proved  by 
two  attesting  witnesses,  and  must  be  recorded  in  the  county  where 
the  land  lies.  Acknowledgments  may  be  made  in  the  State,  other 
States  and  foreign  countries,  as  in  New  York. 

Vermont. 

Deeds  must  be  written,  sealed  (a  scroll  is  insufficient),  and  signed 
in  the  presence  of  two  attesting  witnesses,  acknowledged  and  re- 
corded in  the  county  where  the  property  is  situated.  Acknowl- 
edgments may  be  made  before  a  master  in  chancery,  a  notary 
public,  or  a  justice  of  the  peace.  Out  of  the  State  as  in  New 
York. 

Virginia. 

Deeds  must  be  in  writing,  signed,  sealed  (a  scrawl  is  sufficient), 
and  acknowledged  and  recorded  in  the  county  where  the  land  lies, 
within  sixty  days  from  date  of  execution.  Acknowledgments  may 
be  made  as  in  New  York,  or  may  be  proved  by  two  witnesses. 
An  acknowledgment  of  a  married  woman  must  bo  certilied  to,  if 
before  a  justice  of  the  peace,  by  at  least  two  justices,  or  by  some 
officer  having  a  seal. 

West  Virginia. 

Deeds  must  be  in  writing,  sealed  (a  scroll  is  sufficient),  signed 
and  acknowledged,  or  proved  by  two  attesting  witnesses,'  and 
recorded  in  the  county  where  the  land  is.  Ack'nowleclgraents  may 
be  made  as  in  New  York  State.  The  wife  must  join  with  the  hus- 
band in  the  deed  to  relinquish  her  dower. 

Wisconsin. 

Deeds  must  be  in  writing,  signed,  sealed  (a  scroll  will  answer), 
and  executed  in  the  presence  of  at  least  two  attesting  witnesses, 
and  recorded  in  the  county  where  the  property  lies.  Acknowledg- 
ments may  be  made  in  the  State,  in  other  States  and  foreign  coun- 
tries, before  officers,  as  named  in  New  York.  A  married  woman 
must  join  in  the  execution  of  a  deed  to  her  husband's  property  to 
bar  her  dower.     She  can  do  this  b}^  an  attorney  duly  appointed. 


520  ACKNOWLEDGMENT    OF    DEEDS. 

Province  of  Ontario. 

Deeds  must  be  in  writing,  signed  and  sealed  (a  scroll  is  not 
sutKcient),  and  attested  by  two  witnesses.  Deeds  may  be  proved 
by  atHdavit  of  one  of  the  witnesses  to  said  deed,  said  aifidavit 
being  engrossed  on  what  is  called  a  memorial,  setting  forth  a 
digest  of  the  principal  details  of  the  deed;  this  memorial  shall  be 
under  the  hand  and  seal  of  the  grantee  or  the  grantor,  and  is  left 
for  permanent  record  with  the  registrar  of  the  county  in  which  the 
property  conveyed  is  situate.  Within  the  province  the  affidavit  to 
execution  of  deed  may  be  taken  on  said  memorial  before  the  regis- 
trar of  the  county  or  his  deputy,  or  before  any  judge  of  the  Court 
of  Queen's  Bench  of  Ontario,  or  any  judge  of  a  county  court,  or 
any  commissioner  of  the  said  Court  of  Queen's  Bench,  in  Ontario. 
Out  of  the  Province,  proof  of  deeds,  conveyances,  or  wills  may  be 
made  by  affidavit  (or  declaration  when  said  declaration  is  by  law 
permissible),  sworn  before  the  mayor  or  chief  magistrate  of  any 
city,  borough,  or  town  corporate  in  Great  Britain  or  Ireland,  under 
the  common  seal  of  sucli  city,  borough  or  town  corporate,  or  before 
the  chief  justice  or  judge  of  any  Court  of  Queen's  Bench  in  Quebec, 
or  of  the  supreme  court  of  any  British  colony,  or  before  the  mayor 
of  any  city,  borough,  or  town  corporate  in  any  foreign  country,  or 
any  consul  or  vice  consul  of  Her  Majesty  resident  therein.  Deeds, 
conveyances,  judgments,  etc.,  must  be  recorded in.the  county  where 
property  is  situate,  and  bind  lands  according  to  priority  of  regis- 
tration. A  wife  must  join  in  a  deed  with  the  husband,  in  selling 
his  real  estate,  to  relinquish  dower,  and  he  must  join  with  her  in 
selling  her  separate  real  estate,  acquired  previous  to,  or  subsequent 
to,  marriage. 

Province  of  Ne^v  Brunswick. 

Deeds  must  be  in  writing,  signed,  sealed  (a  scroll  is  not  suffi- 
cient), and  witnessed  by  at  least  one  attesting  witness.  The  law 
governing  acknowledgments  is  similar  to  that  of  Ontario.  A  con- 
veyance, or  power  of  attorney  for  the  same,  by  a  married  woman, 
of  all  her  right  and  interest  in  land  jointly  with  her  husband,  shall 
be  valid  if  executed  without  compulsion  from  him,  and  the  person 
authorized  by  law  to  take  acknowledgments  of  conveyances  in 
other  cases,  certifying  thereon  that  he  has  examined  her  apart  from 
her  husband,  and  that  she  acknowledged  that  she  executed  the 
conveyance  freely. 


ACKNOWLEDGMENTS  OF  DEEDS,  MORTGAGES,  ETC. 

The  following  is  substantially  the  rule  relating  to  the  acknowl 
edgment  of  deeds,  etc.,  in   all  the  States  and  Territories  of  the 
Union,  including  the  District  of  Columbia,  to  wit :  Acknowledg- 
ments of  deeds  may  be  made  before  any  of  the   following  officers 
of  any  State,  district,  county,  or  Territory  within  the  United  States 


ACKNOWLEDGMENT  ^OF    DEEDS.  621 

in  wliich  tlie  person  making  the  deed  may  be  residing,  namely, 
before  any  judge  of  a  court  of  record  and  of  law;  any  chancellor  of 
state;  any  judge  of  a  supreme,  circuit,  superior,  district,  or  of 
territorial  courts  of  the  United  States,  or  of  any  State  ;  any  justice 
of  the  peace,  notary  public,  commissioner  of  deeds,  or  any  com- 
missioner appointed  for  that  purpose  by  the  Governor  of  the  State 
where  the  deed  is  to  be  recorded.  The  officer  taking  the  acknowl- 
edgment must  annex  to  the  deed  a  certificate  of  the  same  under 
his  hand  and  seal,  if  there  be  a  seal  required  for  his  office.  When 
acknowledgments  are  made  without  the  county,  parish,  or  State, 
and  within  the  United  States,  the  certificate  of  the  same  must  be 
accompanied  by  a  certificate  of  the  register,  clerk  or  other  public 
officer  having  cognizance  of  the  fact,  under  his  official  seal,  that  at 
the  date  of  the  acknowledgment  the  officer  taking  the  same  was, 
in  fact,  the  officer  he  purported  to  be,  and  was  legally  authorized 
to  take  such  acknowledgment. 

Deeds  made  in  a  foreign  country  may  be  executed  before  any 
judge  or  chancellor  of  any  court,  master,  or  master  extraordinary 
in  chancery,  or  a  notary  public,  or  before  any  secretary  of  legation 
or  consular  officer  of  the  United  States.* 

The  following  is  a  common  form  of  acknowledgment  of  husband 
and  wife  where  both  join  in  the  execution  of  a  deed  : 
State  of  ,  ,  gg^ 


County  of- 


} 


On  this day  of ,  A.  d.  188-,  before  me,  A  B,  a  (state 

official  character)  in  and  for  said county  ("  duly  commissioned 

and  sworn,"  if  a  notary)  personally  appeared  C  D  and  E  F,  who 
are  personally  known  (or  proved  by  the  oath  of  G  H,  a  credible 
witness,  made  before  me)  to  be  the  persons  who  executed  the  fore- 
going (or  annexed)  instrument,  and  acknowledged  to  me  that  they 
executed  the  same  for  the  uses  and  purposes  therein  mentioned; 
and  the  said  E  F,  wife  of  the  said  C  D,  being  examined  by  me 
separate  and  apart  from  and  without  the  hearing  of  her  said  hus- 
band, acknowledged  to  me  that  she  executed  the  same  fi-eely  and 
voluntarily,  and  without  fear  or  undue  influence  of  her  husband, 
and  that  she  does  not  wish  to  retract  the  execution  of  the  same. 

In  testimony  whereof  I  have  hereunto  set  my  hand 
and  affixed  my  official  seal  the  day  and  year  in    hi 
[l.  s.]        certificate  above  written. 

^__  ^ 

in  and  for  said  county. 


*  Powers  of  attorney  for  the  conveyance  of  real  estate  should  be  acknowledged 
and  recorded  the  same  as  a  deed. 


622 


STATE    LIMITATION    OF    ACTIONS 


TABLE  OF    STATE  LAWS    RELATING  TO    LIMITA- 
TION OF  ACTIONS. 

Limit  of  Time  in  which  Action  May  be  Brought  on  the 

Following: 


States  and  Territories. 


Alabama 

Arkansas . 

Arizona 

California^ • . 

Colorado » . . . 

Connecticut 

Dakota .„ 

Delaware 

District  of  Columbia. 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana  . . 

Maine 

Maryland 

MassHchusetts , 

Michigan 

Minnesota 

Mississippi 

Missouri 

Moiilana 

Nebraska 

Nevada 

New  Hampshire 

New  Jersey ,..,... 

New  Mexico 

New  York 

Norih  Carolina 

Ohio , 

Ontario  (U.  Canada). . 

Oregon 

Pennsylvania 

Quebec  (L.  Canada). . 

Rhode  Island , 

iSouth  Carolina 

Tennessee 

Texas 

Utah 

Vermont 

Viiirinia 

Wa^hinffton  Territory 

West  Virginia 

Wisconsin 

Wyoming 


Sealed 

Assault 

and 
Slander 

Open 

Acc'ts. 

Notes. 

Judg- 
ment. 

and  w  it- 

nessed 

Instru- 

rnenls. 

Years. 

Years. 

Years. 

Years. 

Years. 

1 

3 

6 

20 

10 

1 

3 

5 

10 

10 

1 

2 

4 

5 

1 

2 

4 

5 

4 

1 

6 

6 

3 

3 

3 

0 

6 

20 

17 

2 

6 

6 

20 

20 

1 

3 

6 

20 

20 

1 

3 

3 

12 

12 

2 

4 

5 

20 

20 

1 

4 

6 

7 

20 

2 

4 

5,4 

G,5 

5 

1 

5 

10 

20 

Id 

2 

6 

20 

20 

20  • 

2 

5 

10 

20 

10 

1 

3 

5 

5 

15 

1 

2 

15 

15 

15 

1 

3 

5 

10 

10 

2 

6 

20* 

20 

20 

1 

3 

3 

12 

12 

2 

6 

20* 

20 

20 

2 

6 

G 

6 

10 

2 

6 

6 

10 

6 

1 

3 

0 

7 

6 

2 

5 

10 

108S 

10 

2 

2 

G 

G 

6 

1 

4 

5 

5 

10 

2 

4 

G 

5 

4 

2 

6 

6 

20 

20 

2§ 

6 

G 

20 

16 

1 

0 

10 

10 

10 

2 

6 

6 

20 

20 

If- 

3 

3 

10 

10 

1 

6 

15 

15 

15 

2 

6 

G 

20 

10 

2 

6 

6 

10 

10 

1 

6 

G 

20 

20 

1,2 

5 

5 

30 

30 

1 

G 

G 

20 

20 

2 

6 

6 

20 

20 

1 

6 

G 

10 

6 

1 

2 

4 

10 

4t 

1 

2 

4 

5 

4 

2 

6 

14* 

8 

8 

1 

5|| 

5 

10 

20 

2 

3 

6 

6 

G 

1 

3 II II 

10 

10 

10 

2     . 

6 

6 

20 

20 

1 

4 

5 

1     15 

5 

*  Promissory  notosin  Massaclmselts,  Maino  and  Vermont  barred  in  six  years,  unless  sicrned  by 

Rttpstini:  witnesses,      t  Slander,  C  montlia.       §  Assault,  4  years.       ||  Store  accounts,  ii  years. 

X  Seals  abolished.  §§  In  certain  courts,  20  years.  ||||  Store  accounts,  3  years. 


RATES  OF  INTEREST. 


623 


TABLE  OF  STATE  LAWS  RELATING  TO  RATES  OF 
INTEREST,  AND  PENALTIES    FOR  USURY. 


States  and  Territories. 


Alabama 

Arizona 

Arkansas 

California . . . . 

Colorado 

Conuecticut 

Dakota 

Delaware 

District  of  Columbia.. . 

Florida 

Georgia 

Idaho 

Illiuois 

Indiana 

Iowa 

Kansas -. . 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts • 

Michi^ian 

Minnesota • 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New  Hampshire.. . . « . . 
New  Jersey. .......... 

New  Mexico. 

New  York 

North  Carolina 

Ohio 

Ontario,  Canada 

Oregon 

Pennsylvania 

Quebec,  Canada 

Rhode  Island 

South  Carolina 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington  Territory. 

West  Virginia 

Wisconsin 

Wyoming 


Legil 
Rale  of 
Interest. 


percent 

8 
10 

6 

7 
10 

6 

7 

6 

6 

8 

7 
10 

6 

6 

G 

7 

6 

5 

6 

6 

6 

7 

7 

6 

6 
10 

7 
10 

6 

6 

6 

6 

6 

6 

6 
10 

6 

6 

6 

7 

6 

8 
10 

6 

6 
10 

6 

7 
12 


Rate 

Allowed  by 

Contract. 


per  cent. 

8 
Any  rate 

10 
Any  rate 
Any  rate 
Any  rate 
12 
6 

10 
Any  rate 
8 
18 


10 

12 

6 

8 

Any  rate 

6 
Any  rate 
10 
10 
10 
10 
Any  rate 

10 
Any  rate 


Any  rate 
6 


Any  rate 
12 

6 
Any  rate 
Any  rate 

7 

6 
12 
Any  rate 

6 

6* 
Any  rate 

6* 
10 
Any  rate 


Penalties  for  Usury. 


Forfeiture  of  entire  interest. 
Forfeiture  of  prin'l  and  int. 


Forfeiture  of  entire  interest- 
Forfeiture  of  principal. 
Forfeiture  of  entire  interest. 

Forfeiture  of  entire  interest. 
Fine  and  imprisonment. 
Forfeiture  of  entire  interest. 
Forfeiture  of  excess  of  int. 
Forfeiture  of  entire  interest. 
For.  of  ex.  of  int.  above  12,C 
Forfeiture  of  entire  interest. 
Forfeiture  of  entire  inttrest. 

[Forfeiture  of  excess  of  int. 

For.  of  ex.  of  int.  above  7^. 
Forfeiture  of  entire  interest. 
Forfeiture  of  excess  of  int. 
Forfeiture  of  entire  interest. 

Forfeiture  of  entire  interest. 

For.  of  thrice  the  ex.  &  costs. 
Forfeiture  of  entire  interest. 

Forfeiture  of  contract. 
Forfeiture  of  entire  interest. 
For.  of  excess  above  6%. 

For.  of  principal  and  interest. 
Forfeiture  of  excess  of  int. 


Forfeiture  of  entire  interest. 
Forfeiture  of  excess  of  int. 
Forfeiture  of  excess  of  int. 

Forfeiture  of  excess  of  int. 
Forfeiture  of  entire  interest. 

Forfeiture  of  excess  of  int. 
Forfeiture  of  entire  interest. 


*Except  m  cases  defined  by  Statutes  of  the  State. 

In  an  action  for  a  balance  due  upon  a  mutual,  open  and  current 
account,  where  there  have  been  reciprocal  demands  between  the 


624:  KATES    OF    INTEREST. 

parties,  the  cause  of  action  (as  a  general  rule)  accrues  from  the 
time  of  the  last  item  proved  in  the  account,  on  either  side. 

No  acknowledgment  or  promise  will  be  sufficient  evidence  of  a 
new  or  continuing  contract,  to  take  the  cause  out  of  the  operation 
of  the  statute  of  limitations,  unless  the  same  be  in  writing  and 
signed  by  the  party  to  be  charged  thereby,  is  also  the  rule  of  law 
in  most  of  the  States  and  Territories. 


CHAPTER  XXIII. 

liAWS    OF    THE    TEKRITOitlES,    PERTAINIlJrG     TO 

RIGHTS     OF    MARRIED    WOMEN,    DEEDS, 

WILLS    AND    MECHANICS'  LIENS. 

Arizona. 

Deeds  must  be  acknowledpjed,  proved,  or  certified  to  in  the 
manner  as  specified  in  Law  of  Deeds  in  Dakota.  The  wife  must 
be  examined  separate,  apart  from,  and  without  the  hearing  of  lier 
husband,  and  must  acknowledge  tliat  the  act  is  free  and  voluntary, 
and  without  fear  or  compulsion  or  undue  influence  of  her  hus- 
band, and  that  she  does  not  wish  to  retract  the  execution  of  the 
same.     Kight  of  dower  and  courtesy  are  abolished. 

Rights  of  Married  Women. — All  property  of  the  wife  owned 
by  her  before  mai-riage,  and  that  acquired  afterward  by  gift,  be- 
quest, devise,  or  descent,  shall  be  her  separate  property.  The 
husband  shall  have  the  management  and  control  of  the  separate 
property  of  the  wife,  but  no  sale  or  alienation  thereof  can  be 
made,  nor  can  it  be  encumbered,  unless  by  an  instrument  in 
writing,  signed  by  both  husband  and  wife  and  acknowledged  by 
her  upon  an  examination  separate  and  apart  from  her  husband, 
before  a  justice  of  the  supreme  court,  probate  judge,  or  notary 
public,  or  if  executed  out  of  the  Territory,  before  some  judge  of 
a  court  of  record  or  before  a  commissioner  appointed  under  the 
authority  of  this  Territory  to  take  acknowledgment  of  deeds. 
But  the  act  of  January  23,  1871,  provides  that  "married  women 
of  the  age  of  twenty -one  years  and  upward  shall  have  the  sole  and 
exclusive  control  of  their  separate  property,  and  may  convey  and 
transfer  lands  or  any  estate  or  interest  therein,  vested  in  and  held 
by  them  in  their  own  right,  and  without  being  joined  by  the  hus- 
band in  such  conveyance,  as  fully  and  perfectly  as  they  might  do  if 
unmarried."  The  separate  property  of  the  wife  is  not  liable  for 
her  husband's  debts  although  it  is  liable  for  her  own  debts. 
Married  women  may  become  sole  traders  and  carry  on  business  in 
their  own  names.  They  may  sue  and  be  sued  concerning  their 
separate  property  as  though  unmarried.  Marriage  contracts  may 
be  recorded  in  the  office  of  the  county  recorder,  and  such  record 
imports  constructive  notice  of  their  contents.  An  inventory  of 
the  separate  property  of  the  wife  acknowledged  or  proved  in  the 
manner  required  by  law  for  the  acknowledgment  or  proof  of  con- 
veyances of  real  estate,  and  recorded  in  the  office  of  the  county 
40  (625) 


626  DEEDS,    LIENS, 

recorder  wherein  the  parties  reside,  and  the  filing  of  such  inven- 
tory in  the  recorder's  oiiice,  shall  be  notice  of  the  title  of  the 
wife. 

Lien  Law. — Artisans,  builders,  mechanics,  lumber  merchants, 
and  all  others  performing  labor  or  I'urnisliing  material  for  the  con- 
struction or  repair  of  any  building,  wharf,  or  other  superstructure, 
have  a  lien  upon  the  interest  therein  of  the  party  for  whom  the 
labor  is  done  or  material  furnished,  to  secure  the  payment  therefor; 
and  any  mechanic  or  artisan  wlio  shall  make,  alter,  or  repair  any 
article  of  personal  property  at  the  request  of  the  owner,  or  legal 
possesser  thereof,  has  a  lien  thereon  to  secure  his  just  charges, 
and  may  hold  possession  of  the  property  until  paid.  The  statute 
Di'ovides  in  detail  the  mode  of  procedure  to  enforce  these  liens. 

Dakota. 

Deeds  must  be  in  writing,  duly  signed  by  the  maker,  and  re- 
corded with  the  registry  of  deeds  of  the  county  in  which  the  real 
property  aftected  thereby  is  situate. 

The  pi'oof  or  acknowledgment  may  oe  made  at  any  place  within 
this  Territory,  before  a  justice,  clerk  of  the  supreme  court,  or 
notary  public,  or  may  be  made  in  the  judicial  district,  county, 
subdivision,  or  city  for  which  the  officer  "was  elected  or  appointed, 
before  either  a  judge  or  clerk  of  a  court  of  record,  a  mayor  of  a 
city,  a  register  of  deeds,  or  a  justice  of  the  peace. 

if  without  the  Territory  but  within  the  United  States,  and 
within  the  jurisdiction  of  the  officer,  before  either  a  justice,  judge, 
or  clerk  of  any  court  of  record  of  the  United  States,  or  of  any 
State  or  Territory;  a  notary  public,  or  any  other  officer  of  the 
State  or  Territory  where  the  acknowledgment  is  made,  authorized 
by  its  laws  to  take  such  proof  or  acknowledgment,  or  by  a  com- 
missioner appointed  for  the  purpose  by  the  Governor  of  this  Ter- 
ritory, pursuant  to  the  Political  Code. 

Without  the  United  States,  before  either  a  minister,  commis- 
sioner, or  charge  (Taffaivs  of  the  United  States,  resident  and 
accredited  in  the  country  where  the  proof  or  acknowledgment  is 
made;  a  consul,  vice-consul,  or  consular  agent  of  the  United  States 
resident  in  the  country  where  the  proof  or  acknowledgment  is 
made;  a  judge  of  a  court  of  record  of  the  countiy  where  such 
proof  or  acknowledgment  is  made,  or  a  notary  public  of  such 
country. 

Rights  of  Married  Women. — A  married  woman  may  own,  in 
her  own  right,  real  and  personal  property  acquired  by  descent, 
gift,  or  purchase,  and  manage,  sell,  convey,  and  devise  the  same  to 
the  same  extent  as  if  she  were  unmarried.  She  may  make  contracts, 
incur  liabilities,  may  buy  and  sell  goods,  give  notes  and  other  ob- 
ligations, and  sue  and  be  sued,  as  if  unmarried.  Either  husband 
or  wife  may  enter  into  any  engagement  or  transaction  with  the 
other,  or  with  any  other  person,  respecting  property  which   either 


MARRIED   WOMEN.  627 

might  enter  into  if  unmarried.  Real  and  personal  property  may 
be  held  jointly  or  in  common  by  hnsband  and  wife;  neither  hus- 
band nor  wife,  as  such,  is  answerable  for  the  acts  of  the  other. 
The  earnings  of  the  wife  are  not  liable  for  the  debts  of  the  hus- 
band. The  earnings  and  accumulations  of  the  wife  and  her  minor 
children  living  witli  her  or  in  her  custody,  wliile  she  is  living 
separate  from  her  husband,  are  the  separate  property  of  the  wife. 
The  husband  or  his  separate  property  is  not  liable  for  the  debts  of 
the  wife  contracted  before  the  marriage.  The  separate  property  of 
the  wife  is  not  liable  for  the  d^bts  of  her  husband,  but  is  liable 
for  her  own  debts  contracted  before  or  after  marriage,  although 
such  property  is  not  liable  for  debts  contracted  for  the  support  of 
herself,  her  children,  or  the  family,  as  her  husband's  agent.  She 
may  dispose  of  her  separate  estate  by  will. 

Mechanics'  Liens. — No  person  is  entitled  to  a  mechanic's  lien 
who  takes  collateral  security  on  the  same  contract.  Every 
mechanic  or  other  person  who  shall  do  any  labor  upon,  or  furnisb 
any  materials,  machinery,  or  fixtures  for  any  building,  erection, 
or  other  improvements  upon  land,  including  those  engaged  in  the 
construction  or  repair  of  any  work  of  internal  improvement,  by 
virtue  of  any  contract  with  the  owner,  his  agent,  trustee,  con- 
tractor, or  sub-contractor,  u])on  complying  with  the  provisions  of 
this  chapter,  shall  have,  for  his  labor  done,  or  materials,  ma- 
chinery, or  fixtures  furnished,  a  lien  upon  such  building,  erection 
or  improvement,  and  upon  the  land  belonging  to  such  owner,  on 
which  the  same  is  situated,  to  secure  the  payment  of  such  labor 
done,  or  materials,  machinery,  or  fixtures  furnished. 

Idaho. 

Deeds  must  be  in  writing,  signed  and  sealed  (a  scroll  will 
answer),  —  witnesses  are  not  required,  —  and  duly  acknowl- 
edged or  proved  and  certified  to.  Acknowledgments,  same  as  in 
Dakota.  A  husband  and  wife  may.  by  their  joint  deed,  convey 
the  real  estate  of  the  wife.  The  wife  must  be  examined  apart 
fi-om,  and  without  the  hearing  of  her  husband,  and  must  acknowl- 
edge that  the  act  is  free  and  voluntary,  and  without  fear  or 
compulsion,  or  undue  influence  of  her  husband,  and  that  she  does 
not  wish  to  retract  the  execution  of  the  same.  No  rights  of  cour- 
tesy or  dower  allowed. 

Rights  of  Married  Women. — All  property,  both  real  and  per- 
sonal, of  the  wife  before  marriage,  and  that  acquired  afterward, 
by  gift,  bequest,  devise,  or  descent,  is  her  separate  property,  and 
all  the  husband's  his  separate  property.  All  other  property 
acquired  after  marriage  is  common  property.  The  wife  must 
make,  sign,  acknowledge,  and  have  recorded  a  complete  inventory 
of  her  separate  property  in  the  oftice  of  the  recorder  of  the  county 
where  the  property  is  situated.  The  husband  has  the  manage- 
ment and  control  of  the  wife's  separate  property  during  marriage, 


628  DEEDS,     LIENS, 

but  cannot  alienate  nor  create  a  lien  or  encumbrance  on  the  same, 
except  bj  instrument  signed  and  acknowledged  by  botli  husband 
and  wife.  The  district  court  may  on  application  of  wife  appoint 
trustee  to  take  charge  of  and  manage  her  separate  property,  if 
husband  mismanages  or  commits  waste.  The  husband  has  entire 
management  and  control  of  common  property  and  his  own  sep- 
arate property,  and  the  rents  and  profits  of  all  the  separate  prop- 
erty of  both  husband  and  wife  is  deemed  common  property, 
unless  expressly  provided  in  the  instrument  of  devise  to  the  con- 
trary. Upon  dissolution  of  the  community  by  death,  half  of  the 
common  property  goes  to  survivor  and  half  to  descendants,  if  there 
are  any;  if  not,  all  to  the  survivor.  Upon  dissolution  by  decree 
of  court,  the  common  property  must  be  equally  divided,  unless  the 
decree  is  granted  upon  the  ground  of  adultery  or  extreme  cruelty, 
when  the  division  of  the  same  is  left  to  the  discretion  of  the  court 
granting  the  decree.  The  separate  property  of  the  husband  is  not 
liable  for  the  debts  of  the  wife  contracted  before  marriage,  but  the 
separate  property  of  the  wife  is  liable  for  all  such  debts.  She 
may  by  contract  make  herself  liable  so  as  to  charge  her  separate 
estate.     She  may  dispose  of  her  separate  property  by  will. 

Mechanics'  and  Artisans'  Liens. — Any  person  performing  labor 
or  furnishing  material  to  the  amount  of  twenty-five  dollars  for  the 
construction  or  repairing  of  any  building  or  other  superstructure,  has 
a  lieu  on  the  same  for  the  labor  done  or  material  furnished.  Any 
person  performing  labor  or  furnishing  materials  for  the  improve- 
ment or  development  of  any  quartz  lode,  claim,  or  mine,  or  upon 
any  building  lot  in  any  city  or  town,  or  upon  the  street  in  front 
of  the  same,  has  a  lien  thereon;  as  also  upon  any  bridge,  ditch, 
flume,  or  aqueduct  to  create  hydraulic  power  for  mining  puposes. 
Any  artisan  or  mechanic  who  may  alter  or  repair  any  article  of 
personal  property  has  a  lien  thereon,  and  may  hold  and  retain  the 
possession  of  tlie  same  until  his  reasonable  and  just  charges  are 
paid,  and  if  they  are  not  paid  within  two  months  after  the  work  is 
done,  he  may  sell  the  same  at  public  auction  by  giving  three 
weeks'  noticeof  sale  by  advertisement.  A  party  to  avail  himself 
of  the  benefits  of  his  lien,  must  file  with  the  county  recorder, 
within  sixty  days  after  the  completion  of  the  building,  a  verified 
account  of  the  demands  due  him,  together  with  a  description  of 
the  property  charged  with  the  lien.  If  the  party  be  a  sub-con- 
tractor, journeyman,  or  person  other  than  the  contractor,  the  ac- 
count must  be  filed  within  thirty  days  after  the  work  was  done  or 
materials  furnished,  and  within  five  days  thereafter  he  must  serve 
a  copy  on  the  owner  of  tlic  pwperty  or  his  agent.  The  lien  ex- 
pires after  six  montlis,  unless  a  credit  be  given  or  suit  brought  to 
enforce  the  same;  and  continues  in  force  two  years  from  the  time 
the  work  was  completed,  and  no  longer.  A  lien  is  allowed  upon 
an  express  contract  in  vyriting. 


MARRIED     WOMEN.  629 

Montana 

Deeds. — Every  conveyance  in  writing  of,  or  affecting  real  prop- 
erty, must  be  acknowledged  or  proved  and  certified  same  as  in  Da- 
kota. The  wife  must  be  examined  and  made  acquainted  with  the 
contents  of  said  instrument,  separate,  apart  from,  and  without  the 
hearing  of  her  husband,  that  she  executed  the  same  freely  and 
voluntarily,  without  fear  or  compulsion,  or  undue  influence  of  her 
husband,  and  that  she  does  not  wish  to  retract  the  execution  of 
same.     The  law  of  dower  is  virtually  abolished. 

Rights  of  Married  Women.  —The  property  of  a  married  woman 
owned  before  marriage,  and  any  acquired  after  marriage  by  gift, 
grant,  devise,  descent,  or  otherwise,  and  the  use,  increase,  and 
profit  thereof,  is  exempt  from  debts  or  liabilities  of  husband,  ex- 
cept for  necessaries  for  the  benefit  of  herself  and  children  under 
eighteen  years  of  age.  But  snch  property  so  claimed  must  be  set 
forth  m  a  list  to  be  recorded  with  the  register  of  deeds  in  the 
county  where  she  resides.  By  an  act  of  February  4,  1874,  a  mar- 
ried woman  may  become  a  sole  trader  by  making,  acknowledging 
and  recording  with  county  recorder  of  deeds  her  intention  so  to  do, 
and  setting  forth  the  nature  of  the  business  she  intends  to  transact. 
If  the  amount  by  her  invested  in  business  exceeds  ten  thousand 
dollars,  the  declaration  must  contain  a  statement,  under  oath,  that 
the  surplus  above  ten  thousand  dollars  did  not  come  from  any 
funds  belonging  to  her  husband.  Such  married  woman  is  respon- 
sible for  the  maintenance  of  her  children.  The  husband  is  not 
liable  for  any  debts  contracted  in  the  course  of  business  done  by 
his  wife,  except  by  special  consent  in  writing.  The  law  of  dower 
is  virtually  repealed  by  the  Probate  Act,  wliich  gives  to  surviving 
husband  or  wife  one  half  in  fee  if  there  are  no  children;  if  there 
.are  children,  then  one  third  in  fee.  Probate  Practice  Act,  1877. 
In  the  Probate  Practice  Act,  February  16,  1877,  §550,  it  is  provi- 
ded that  upon  the  death  of  the  wife  the  entire  community  property 
belongs  to  husband  without  administration,  except  such  por- 
tion as  has  been  set  apart  by  judicial  decree  for  her  support.  _  This 
she  may  dispose  of  by  will,  and  it  goes  to  her  heirs  exclusive  of 
her  h-usband.  Section  551  of  same  act  provides,  that  upon  the 
death  of  the  husband  one  half  of  the  community  property  goes  to 
the  surviving  wife,  and  the  other  half  is  subject  to  the  husband's 
testamentarv  disposition. 

Mechanics'  Liens. — Mechanics,  laborers,  and  all  others  who 
contribute  to  the  construction,  repairing,  or  improving  of  any  kind 
of  property,  have  a  lien  thereon  for  their  demand.  If  the  claim- 
ant is  an  original  contractor,  he  must  file  his  account,  with  a  de- 
scription of  the  property  upon  which  the  lien  is  claimed,  with  the 
county  recorder  of  the "  county  wherein  the  property  is  situate, 
within  ninety  days  from  the  date  of  the  last  item.  If  a  sub-con- 
tractor, he  must  file  a  copy  of  his  settlement  with  the  contractor, 
in  the  county  recorder's  office,  with  description  of  property,  etc., 
within  thirty  days  of  the  date  from  last  item.     The  sub-contractor 


630  DEEDS,     LIENS, 

should,  prior  to  doing  tlie  work  or  furnislimg  the  articles,  or  at 
that  time,  notify  the  proprietor  or  liis  agent  of  his  intentions,  and 
the  probable  value  of  the  work  to  be  done  or  materials  furnished. 
All  liens  filed  within  thirty  days  after  tiling  the  first  lien  are  en- 
titled to  share  alike.  Those  tiled  after  thirty  days  and  within  sixty 
days  are  of  the  second  class,  and  share  alike  after  those  of  the  tirst 
class  are  satisfied.  Suit  must  be  commenced  within  one  year  from 
date  of  filing,  or  lien  is  lost,  and  in  case  of  sub-contractors,  within 
ninety  days. 

New  Mexico. 

Deeds  must  be  in  writing,  sealed  (a  scroll  is  a  seal),  and  duly 
proved  or  acknowledijed,  and  duly  recorded  in  the  county  where 
the  real  estate  is  situate.  Acknowledgments  may  be  made,  as  in 
Dakota.  A  married  woman  may  convey  her  real  estate  by  a  con- 
veyance executed  by  herself  and  her  husband,  and  the  acknowl- 
edgment made  by  her  must  show  that  she  was  personally  known 
to  the  ofiicer  taking  the  same,  or  her  identity  proven  by  at  least 
two  reliable  witnesses,  and  that  she  was  informed  of  the  contents 
of  the  conveyance,  and  that  she  confessed  on  an  examination  inde- 
pendent of,  separate  and  apart  from  her  husband,  that  she  exe- 
cuted such  conve3'^ance  voluntarily  and  without  compulsion  or  the 
illicit  influence  of  her  husband.  The  husband  must  join,  and  the 
acknowledgment  be  in  the  form  given,  otherwise  no  title  passes 
even  as  against  herself.  The  examination  of  the  wife  separate, 
apart,  and  independent  of  her  husband  is  necessary,  but  she  need 
only  join  with  her  husband  when  the  property  is  her  own,  or  when 
she  has  an  interest  therein  in  her  own  right  independent  of  her 
husband. 

TliGHTs  OF  Married  Women. — Married  women  are  the  sole  own- 
ers of  the  property  they  inherit  or  bring  into  the  marriage  commun- 
ity, but  can  convey  their  real  estate  only  by  joining  in  a  deed  with 
their  husbands.  The  husband  has  the  control  and  management  of 
his  wife's  property,  and  the  proceeds  become  their  joint  pi:operty. 
The  wife  has  no  dower  whatever,  except  her  private  property, 
which  is  the  first  deduction  from  an  estate,  and  has  precedence 
over  all  other  creditors  as  an  implied  privileged  mortgage.  After 
paying  off'  all  the  debts,  the  remainder  of  the  property  is  divided 
equally  between  the  husband's  estate  and  his  wife,  this  being 
called  the  "acquest  property,"  and  under  the  laws  belongs  to  the 
two,  the  relation  of  husband  and  wife  to  eacli  other,  with  reference 
to  property,  being  almost  identical  with  that  of  equal  partners. 
After  giving  to  the  wife  one  half  aforesaid,  the  remainder  is  di- 
vided by  giving  to  the  wife  one  fourth  thereof,  first  deducting  suf- 
ficient to  pay  off  any  legacies.  The  wife  becomes  heir  to  all  the 
acquest  ])roperty  if  the  husband  dies  without  issue.  A  wife's  sep- 
arate proj)erty  is  not  liable  for  debts  contracted  by  her  as  agent  for 
her  husband  for  the  support  of  herself  and  children,  nor  for  the 
expenses  of  the  family  in  any  case. 


AIAEKIED    WOMEN. 


63t 


Mechanics'  and  Other  Liens. — A  person  who  performs  work, 
or  furnishes  materials  for  the  erection  or  repair  of  an}^  buikling, 
has  a  lien  upon  such  building  and  the  land  upon  which  the  same 
is  situate,  for  the  value  of  such  work  or  material,  provided  he 
shall  file  in  the  office  of  the  county  clerk  within  sixty  days  after 
the  work  is  done  or  material  furnished,  a  just  and  true  account  of 
the  amount  due  him,  verified'  by  oath  of  himself  or  some  other 
person,  with  a  true  description  of  the  property  to  be  charged  with 
such  lien.  Suit  to  enforce  such  lien  must  be  commenced  within 
one  year  from  the  time  the  payment  should  have  been  made  or  be- 
comes due,  otherwise  the  lien  is  discharged.  Artisans  and  me- 
chanics have  a  lien  on  articles  made  or  repaired  by  them  for  the 
amount  due  for  the  work.  Landlords  have  a  lien  on  the  property 
of  their  tenants  in  the  premises  rented  for  rent  due.  Inn- 
keepers have  a  lien  on  the  baggage  and  other  property  of  their 
guests  which  may  be  upon  the  premises,  for  the  amount  due  for 
board  or  lodging. 

Utah. 

Deeds  must  be  written,  signed,  sealed  (a  scroll  is  sufficient),  and 
attested  by  one  creditable  witness,  and  acknowledged  or  proved. 
A  deed  must  be  recorded  in  the  recorder's  office  of  the  proper 
county.  Acknowledgment  in  the  Territory  or  other  States  and 
countries  as  in  Dakota.  A  married  woman  may  convey  her  real 
estate  as  if  a  feinme-sole.     Dower  is  abolished. 

RiCxiiTS  OF  Mai^ried  Women. — All  property  owned  by  either  the 
husband  or  wife  before  marriage,  and  that  acquired  afterward  by 
gift,  bequest,  devise,  descent,  is  the  separate  property  of  each,  and 
may  be  held,  managed,  controlled,  transferred,  and  disposed  of 
without  limitation  or  restriction  by  reason  of  coverture.  And 
either  may  sue  or  be  sued  at  law. 

Mechanics'  Lien. — Any  person  who  performs  any  labor  upon, 
or  furnishes  materials  for  the  construction  or  repairs  of  any  build- 
ing or  other  improvement,  may  have  a  lien  therefor  on  such  build- 
ing or  improvement,  and  on  the  right  of  possession  of  the  ground 
on  which  the  same  is  situate,  by  filing  in  the  recorder's  office  at 
any  time  within  three  months  after  the  labor  performed  or  ma- 
terial is  furnished,  or  after  the  completion  of  such  building  or  im- 
provement, a  notice  of  intention  to  hold  such  lien,  stating  amount 
and  description  of  the  property.  Lien  expires  after  one  year  from 
the  completion  of  the  building,  etc.,  unless  suit  be  brought.  But 
if  the  amount  be  not  due  before  such  year  expires,  then  suit  may 
be  brought  within  three  months  after  it  becomes  due.  This  lien 
has  precedence  of  all  other  liens  after  the  commencement  of  the 
building,  except  taxes.  Any  sub-contractor,  journeyman,  or  laborer 
thereon  may  give  notice  in  writing  to  the  owner,  stating  the 
amount  due  from  the  contractor,  and  hold  such  owner  liable  to  the 
extent  of  what  he  owes  the  contractor  at  the_  time  of  notice,  and 
recover  the  same  by  action  commenced  within  one  vear  from  date 
of  notice. 

Miner's  Liex. — Any  person  performing  work  on,    or  furnishing 


632  DEEDS,     LIENS, 

materials  for  any  mine,  under  contract  with  owner  of  interest 
therein,  may  have  a  lien  on  such  mine  or  such  owner's  interest  at 
time  of  making  such  contract,  to  be  enforced  as  prescribed  in  the 
mechanic's  lien  law. 

Washington. 

Deeds  must  be  in  writing,  signed  and  sealed  (a  scrawl  is  a  seal) 
by  the  maker  thereof,  witnessed  by  two  witnesses.  Acknowledg- 
ments may  be  made  as  in  Dakota,  both  in  the  Territory,  other 
States  or  foreign  countries.  A  married  woman  shall  not  be  bound 
by  any  deed  affecting  her  jeal  estate  or  releasing  dower,  unless 
she  is  joined  in  the  conveyance  by  her  husband,  and  shall,  upon 
examination  by  the  officer  taking  the  acknowledgment,  separate 
and  apart  from  her  husband,  acknowledge  that  she  executed  the 
deed  of  her  own  free  will,  and  without  fear  of  or  coercion  by  her 
husband.  Tlie  officer  must  certify  that  he  has  made  known  to  her 
the  contents  of  the  deed.  Dower  and  tenancy  by  the  courtesy  are 
abolished. 

Rights  of  Married  Women. — A  married  woman  may  sue  and 
be  sued  without  j(jining  her  husband,  when  the  action  concerns  her 
separate  property,  or  her  right  or  claim  to  the  homestead  prop- 
erty, when  she  is  living  separate  and  apart  from  her  husband,  or 
when  the  action  is  between  herself  and  her  husband.  If  a  hus- 
band and  wife  be  sued  together  she  may  defend  for  her  own  right, 
and  for  his  also  if  he  neglects  to  do  so.  All  property,  both  real 
and  personal,  owned  by  the  wife  before  marri^ige,  and  that  ac- 
quired after  by  gift,  devise,  or  descent,  is  her  separate  property. 
l*roperty  thus  acquired  by  the  husband  constitutes  his  separate 
property.  All  property  acquired  during  marriage,  except  by  gift, 
devise,  or  descent,  constitutes  their  common  property.  The  hus- 
band has  the  management  and  control  of  the  separate  property  of 
the  wife  during  marriage,  but  cannot  sell  or  convey  such  property 
or  any  interest  therein  without  she  joins  in  the  conveyance  and 
acknowledges  as  in  deeds  to  land.  If  the  wife  has  just  cause  to 
apprehend  that  her  husband  will  waste  or  mismanage  her  estate, 
she  m:iy,  by  application  to  the  district  court,  obtain  the  appoint- 
ment of  a  trustee.  The  separate  property  of  the  wife  is  liable  to 
be  seized  upon  execution,  and  sold  to  pay  the  debts  of  the  hus 
band,  unless  she  shall  have  signed,  acknowledged  and  hied  and  re- 
corded in  the  office  of  the  auditor  of  the  county  where  the  land  is 
situated  an  inventory  thereof.  This  does  not  apply  to  money  in 
specie,  unconverted.  The  separate  property  of  the  wife,  when 
recorded  as  aforesaid,  is  not  liable  for  debts  contracted  by  her  for 
the  support  of  herself  and  family. 

Mechanics'  Liens. — Every  person  performing  labor  upon  saw- 
logs,  spars,  timber,  or  lumber,  has  a  lien  thereon  for  his  wages, 
and  the  owner  of  land  upon  which  he  permits  others  to  cut  tim- 
ber has  alien  for  the  value  thereof  upon  the  manufactured  timber. 
A  person  claiming  the  beneht  of  such  lien  must  tile  a  notice  of 
lien  for  record  in  the  office  of  the  county  auditor  within  sixty  days 


MA.RRIED  WOMEN.  633 

from  the  time  the  lien  accrued,  and  commence  proceedings  to  en- 
force the  lien  within  four  months  thereafter.  Every  building,  to- 
gether with  the  interest  of  the  owner  in  the  land  on  which  it  is 
erected,  wharf,  bridge,  railway,  or  other  work  of  internal  improve- 
ment, shall  be  liable  for  the  payment  of  any  labor  performed,  or 
materials  furnished  in  its  construction  or  repairs.  In  cases  of  in- 
solvency, wages  of  laborers,  servants,  mechanics,  and  others  to  the 
amount  of  one  hundred  dollars  each,  and  all  moneys  earned  therein 
within  sixty  days  previously,  are  preferred  claims.  A  farm  laborer 
engaged  in  tilling  the  soil  and  raising  crops  has  a  lien  on  the  crops 
for'tlie  payment  of  his  wages,  except  that  where  the  land  is  culti- 
vated by  a  tenant  for  a  share  of  the  crop,  the  landlord's  share 
shall  not  be  liable  to  the  lien.  Tiie  lien  must  be  filed  and  enforced 
as  in  other  cases. 

Wyoming. 

Deeds  must  be  made  in  writing  under  seal  (a  scrawl  is  sufficient), 
attested  by  two  witnesses,  acknowledged  before  some  person  au- 
thorized by  law  to  take  acknowledgments  of  deeds,  as  in  Dakota 
Territory.  They  must  be  recorded  in  the  office  of  the  register  of 
deeds  of  the  county  where  the  lands  lie,  within  three  months  of 
the  date  of  such  instrument.  A  married  woman  may  by  deed  or 
mortgage  convey  her  real  estate  in  like  manner  as  she  might  do  if 
she  were  a  femtne-soJe. 

Rights  of  Married  Women. — The  rights  of  a  married  woman 
in  this  Territory  are  very  nearly  the  same  as  those  of  an  unmar- 
ried woman,  as  respects  her  property,  both  real  and  personal.  She 
may  make  a  will,  sue  and  be  sued,  make  contracts,  carry  on  trade 
or  business,  retain  lier  own  earnings,  and  hold  property,  real  or 
personal,  with  the  rents  and  profits  of  the  same,  in  her  own  name, 
free  from  the  control  or  interference  of  her  husband,  the  same  as 
though  she  were  sole  and  unmarried;  and  her  property  is  exempt 
from  execution  or  attachment  for  the  debts  of  her  husband.  She 
has  also  all  the  rights  of  an  elector,  and  may  hold  office  and  vote  at 
all  elections  in  the  same  manner  as  other  electors.  She  may  not, 
however,  be  appointed  administratrix  or  hold  that  trust  after  mar- 
riage. Dower  and  tenancy  by  the  courtesy  are  abolished  in  this 
Territory,  and  in  lieu  thereof  the  statute  of  distribution  gives  to 
the  surviving  husband  or  wife  the  entire  estate  of  the  deceased, 
real  and  personal,  afterpayment  of  debts,  provided  the  same  does 
not  exceed  the  sum  of  ten  thousand  dollars. 

Mechanics'  Liens. — Mechanics  and  material-men  have  a  lien  for 
labor  and  materials  employed  or  used  in  the  erection  or  repair  on 
buildings.  The  claim  therefor  must  be  made  out  and  filed  in  sixty 
days  from  the  time  the  work  is  finished  or  the  last  item  of  material 
furnished,  and  proceedings  to  forclose  the  lien  must  commence  in 
one  year.  Any  ]:)erson  performing  any  work  in  the  making  or  re- 
pair of  any  article  of  personal  property  has  a  lien  on  the  same  for 
his  charges. 


CHAPTER  XXIV. 


RELATING  TO  FRAUDULENT  CONVEYANCES  AND 
CONTRACTS,  AGENCY,  ETC. 

The  following  are  general  rules  of  law,  and  in  most  States  and 
Territories  are  statutory  laws,  and  called  the  "  Statute  of  Frauds." 

1.  Every  conveyance  of  any  estate,  or  interest  in  lands,  and  the 
rents  and  profits  of  lands,  and  every  charge  upon  lands  or  upon 
the  rents  and  profits  thereof,  made  or  created  with  the  intent  to 
defraud  prior  or  subsequent  purchasers  for  a  valuable  considera- 
tion, of  the  same  lands,  rents  or  profits,  is  void,  as  against  such 
purchasers. 

2.  No  such  conveyance  or  charge  shall  be  deemed  fraudulent  in 
favor  of  a^^subsequent  purchaser  who  shall  have  legal  notice  thereof 
at  the  time  of  his  purchase,  unless  it  shall  appear  that  the  grantee 
in  such  conveyance,  or  person  to  be  benefitted  by  such  charge, 
was  privy  to  the  fraud  intended. 

3.  Every  conveyance  or  charge  of  or  upon  any  estate  or  interest 
in  lands  containing  any  provision  for  the  revocation,  determina- 
tion or  alteration  of  such  estate  or  interest,  or  any  part  thereof,  at 
the  will  of  the  grantor,  shall  be  void  as  against  subsequent  pur- 
chasers from  said  grantor  for  a  valuable  consideration,  of  any 
estate  or  interest  so  liable  to  be  revoked  or  determined,  although 
the  same  be  not  directly  revoked,  determined  or  altered  by  such 
grantor,  by  virtue  of  the  power  reserved  or  expressed  in  such  prior 
conveyance  or  charge. 

4.  Where  a  power  to  revoke  a  conveyance  of  lands  or  the  rents 
and  profits  thereof,  and  to  reconvey  the  same,  shall  be  given  to 
any  person  other  than  the  grantor  in  such  conveyance,  and  such 
person  shall  convey  the  same  land,  rents  or  profits  to  a  purchaser 
for  a  valuable  consideration,  such  conveyance  is  valid  and  conveys 
the  title  to  such  purchaser,  notwithstanding  such  nower  of  revoca- 
tion. 

5.  No  estate  or  interest  in  lands,  otlier  than  of  leases  for  a  term 
not  exceeding  one  year,  nor  any  trust  or  power  over   or  concern- 

(034) 


CONVEYANCES.  635 

ing  lands,  or  in  any  manner  relating  thereto,  shall  be  created, 
granted,  assigned,  surrendered  or  declared,  unless  by  act  or  opera- 
tion of  law,  or  by  deed  or  conveyance  in  writing,  subscribed  by 
the  party  creating,  granting,  assigning,  surrendering  or  declaring 
the  same,  or  by  his  lawful  agent  authorized  thereunto  by  an  instru- 
ment in  writing. 

6.  Every  contract  for  the  leasing  for  a  longer  period  than  one 
year,  or  for  the  sale  of  any  landsj  or  any  interest  in  lands,  shall  be 
void,  unless  the  contract,  or  some  note  or  memorandum  thereof 
expressing  the  consideration,  be  in  writing,  and  be  subscribed  by 
the  party  by  whom  the  lease  or  sale  is  to  be  made,  or  by  the  agent 
of  such  party  legally  authorized  thereto. 

7.  All  deeds  of  gift,  all  conveyances  and  all  assignments,  verbal 
or  written,  of  goods,  chattels  or  things  in  action,  made  in  trust  for 
the  use  of  the  person  making  the  same,  are  void  against  the  exist- 
ing or  subsequent  creditors  of  such  person. 

8.  In  the  following  cases  every  agreement  is  void  unless  the 
agreement,  or  some  note  or  memorandum  of  the  agreement  is,  in 
writing,  expressing  the  consideration  therefor,  which  agreement 
or  note  or  memorandum  must  be  signed  by  the  party  charged 
therewith  : 

First.  Every  agreement  that  by  its  terms  is  not  to  be  performed 
within  one  year  from  the  making  thereof ; 

Second.  Every  special  promise  to  answer  for  the  debt,  default  or 
miscarriage  of  another  ; 

Third.  Every  agreement,  promise  or  undertaking  made  upon 
consideration  of  marriage,   except  mutual  promises  to  marry. 

9.  Every  contract  for  the  sale  of  any  goods,  chattels  or  things 
in  action,  for  the  price  of  two  hundred  dollars  or  over,  is  void, 
unless — 

First.  A  note  or  memorandum  of  such  contract  be  made  in 
writing  and  signed  by  the  parties  to  be  charged  therewith;  or, 

Second.  Unless  the  buyer  shall  accept  or  receive  part  of  such 
goods;  or, 

Third.  Unless  the  buyer  shall  at  the  time  pay  some  part  of  the 
purchase  money. 

10.  Whenever  goods  are  sold  at  auction,  and  the  auctioneer 
shall,  at  the  time  of  sale,  enter  in  a  sale  book  a  memorandum, 
specifying  tlie  nature  and  price  of  the  property  sold,  the  terms  of 
the  sale,  the  name  of  the  purchaser,  and  the  name  of  the  person 
on  whose  account  the  sale  is  made,  such  memorandum  is  deemed 


636  AGENCY    AND    ATTORNEY. 

ill  law  a  valid  note  of  the  contract,  and  the  sale  is   binding  upon 
the  parties  thereto,  as  if  made  and  signed  by  them. 

11.  Every  sale  made  by  a  vender  of  goods  and  chattels  in  his 
possession  and  under  his  control,  and  every  assignment  of  goods 
and  chattels,  unless  the  same  be  accompanied  by  an  immediate 
delivery,  and  be  followed  by  an  actual  and  continued  change  of 
possession  of  the  things  sold  or  assigned,  is  conclusive  evidence  of 
fraud  as  against  the  vender  or  the  creditors  of  the  person  making 
such  assignment,  or  subsequent  purchasers  in  good  faith. 

(In  those  States  and  Territories,  however,  where  chattel  mort- 
gages are  provided  for  by  statute,  a  strict  compliance  with  the 
statute  in  the  mortgaging  of  personal  property  would  avoid  the 
last  foregoing  rule.) 

12.  Any  instrument  required  by  law  to  be  subscribed  by  any 
party  may  be  subscribed  by  the  agent  of  such  party  when  legally 
authorized  so  to  do. 


AGENCY  AND  ATTORNEY. 

An  agent  is  a  person  employed  by  another  to  perform  certain 
acts  for  him,  and  such  acts  in  law  are  the  acts  of  the  principal. 

One  who  is  disqualified  to  act  on  his  own  account  may  be  an 
agent  for  another  who  is  competent;  thus,  infants,  married  women, 
and  aliens  may  act  as  agents  for  others. 

A  principal  is  responsible  for  the  acts  of  an  agent,  when  he  has 
given  full  authority  to  represent  and  act  for  him.  When  he  has 
by  his  words  and  acts,  or  both,  caused  or  permitted  the  person 
with  whom  the  agent  deals  to  believe  him  to  be  clothed  with  full 
authority,  even  though  such  be  not  the  case. 

Agencies  are  of  two  kinds,  general  and  special.  A  general 
agent  is  one  authorized  to  represent  his  principal  in  all  his  business, 
or  all  his  business  of  a  particular  kind;  the  principal  is  bound  ,by 
his  acts,  even  though  he  exceed  his  authority,  provided  the  agent 
does  not  go  beyond  the  general  scope  of  the  business.  If,  how- 
ever, the  agent  transcends  his  actual  authority,  and  the  party  with 
whom  the  general  agent  deals  is  aware  that  the  agent  is  exceed- 
ing his  power,  the  principal  is  not  bound  by  the  acts  of  his  agent. 

A  special  agent  is  one  authorized  to  do  only  a  specific  thing, 
or  a  few  specified  things;  the  principal  is  not  bound  by  his  acts 
should  he  exceed  the  authority  vested  in  him,  because  the  party 
dealing  with  such  agent  must  inquire  for  himself,  and  at  his  own 
peril,  into  the  extent  and  limits  of  the  authority  of  such  agent. 


AGENCY    AND    ATTORNEY.  637 

Authority  may  be  given  to  an  agent  either  in  writing,  under  or 
without  a  seal,  or  orally;  if  given  in  writing,  this  instrument  is 
called  a  powei'  of  attorney. 

A  power  of  attorney  intended  to  be  used  in  a  foreign  country 
should  be  acknowledged  before  a  notary  public,  and  the  signature 
of  the  notary  certified  by  the  consul  of  the  Government  to  which 
the  power  of  attorney  is  to  be  sent. 

When  intended  to  be  used  in  another  State  they  should  be  duly 
proved  or  acknowledged,  according  to  the  laws  of  the  State  where 
they  are  executed. 

A  principal  is  bound  by  the  acts  of  a  general  agent,  even  after 
a  revocation  of  his  agency,  if  such  revocation  is  unknown  to  the 
party  dealing  with  the  agent.  An  agent  should  conform  with 
great  strictness  and  accuracy  to  his  authority,  otherwise  his  prin- 
cipal will  not  be  bound;  and  he  may  be  held  personally  liable. 

An  agent  cannot  be  held  personally  liable  if  he  transcends  his 
authority  if  the  party  with  whom  he  deals  knew  at  the  time  that 
he  did  so. 

If  an  agent  intrusted  with  goods  sell  the  same  without  author- 
ity, the  principal  may  affirm  the  sale  and  collect  from  the  pur- 
chaser, or  he  may  disaffirm  the  sale  and  recover  the  goods  from 
the  buyei*. 

An  agent  cannot  exceed  or  depart  from  his  instructions  without 
making  himself  liable  to  his  principal  for  the  consequences. 

An  agent  cannot   appoint  a   sub-agent  or   attorney  unless   ex- « 
pressly  authorized  to  do  so  by  his  principal. 

An  agent  is  bound  to  use  all  that  care  and  skill  that  a  reasonable 
man  would  use  in  his  own  business,  and  is  bound  to  the  utmost 
good  faith. 

For  any  breach  of  duty  an  agent  is  responsible  for  the  whole 
injury  thereby  sustained  by  the  principal. 

If  an  agent  embezzles  his  principal's  property,  the  principal 
may  reclaim  it  whenever  or  wherever  it  can  be  distinctly  traced 
or  identified. 

An  agent  employed  to  sell  property  cannot  buy  it  himself,  nor 
if  employed  to  purchase  can  he  buy  from  himself. 

The  agent  should  keep  an  exact  account  of  his  doings,  espe- 
cially of  all  pecuniary  transactions. 

Insanity  revokes  authority,  though  if  the  principal  was  sane 
when  the  authority  was  given  his  agent  and  a  third  party  deals 
with  the  agent  in  the  belief  of  his  authority,  such  revocation  will 
not  be  permitted  to  take  efiect  to  the  injury  of  the  third  party. 


CHAPTER  XXV. 


THE  LAW  OF  TEMPERANCE  AND  INTEMPERANCE. 

It  is  a  law  of  fanaticism  to  see  but  one  side  of  a  question  and  to 
deny  every  right  to  them  who  see  the  opposite  side;  and  it  gen- 
erally results  in  destroying,  or,  at  least,  in  defeating,  by  excess  of 
zeal,  the  very  object  which  it  advocates.  It  is  a  law  of  temperance 
to  place  a  due  restraint  upon  human  appetites  and  passions,  and 
to  guard  men  from  the  allurements  of  vice  in  every  form;  and, 
when  properly  exercised,  it  results  in  elevating,  ennobling,  and 
conferring  honor  upon  them  who  practice  it.  It  is  a  law  of  in- 
temperance to  weaken  and  often  to  destroy  the  intellects  and  bodies 
of  them  who  indulge  in  it;  and  it  generally  results  in  degrading 
them  to  a  level  of  existence  which  would  disgrace  the  lowest  of 
the  brate  creation ;  while  it  instigates  more  crimes  and  produces 
more  sorrow  and  degradation  in  the  human  family,  than  all  the 
other  vices  indulged  in  by  men. 

The  law  of  temperance  and  intemperance  can  be  best  shown  by 
a  statement  of  facts.  In  the  early  days  of  California,  the  author 
of  this  work  knew  two  sprightly  boys, "  one  of  whom  was  named 

Geo.  E. ,  and  the  other  Geo.  C. -,  both  of  whom  arrived  in 

that  State  about  the  same  time.    Geo.  E. ,in  his  childhood  and 

early  youth,  had  had  excellent  advantages.  He  was  of  fine  personal 
appearance,  and  at  fifteen  years  of  age  gave  promise  of  becoming 
a  man  of  great  worth  and  usefulness  in  the  State.  His  early  ad- 
vantages had  been  far  superior  to  those  of  Geo.  C. .    He  went 

to  Park's  Bar,  on  the  Yuba  River,  where  lie  hired  out  to  wait  on 
a  table  at  a  miner's  boarding-house  at  $50  per  month.  The  miners 
often  invited  him  to  "take  a  drink,"  which  he  at  first  refused;  but 
being  assured  that  "a  glass  of  wine  wouldn't  hurt  him,"  he  at 
length  took  wine  when  asked  to  drink,  and  finally  arrived  at  such 
a  state  that  he  drank  brandy,  gin,  and  whisky,  "like  a  man;" 
and,  not  to  appear  mean,  he  often  asked  the  miners  to  "take  a 
drink  "  witli  him.     His  afternoons,  from  two  o'clock  until  five,  were 

(638) 


INTEMPERANCE.  639 

his  own;  and  he  sometimes  went  down  to  the  Yuba  and  "creviced" 
among  the  rocks  along  its  banks.  One  day  he  found  a  rich  crevice, 
full  of  gold,  from  which  he  took  out  about  $7,500  of  that  shining 
metal.  He  "lugged"  his  newly  found  wealth  to  the  boarding 
house,  and  at  once  treated  "all  hands;"  and  that  night  he  was 
put  to  bed  maudlin  druiik.  With  so  much  money,  he  determined 
that  he  would  wait  on  a  table  no  longer,  but  would  "be  a  gentle- 
man." He  therefore  went  to  Marysville,  Sacramento,  and  San 
Francisco,  where  he  spent  his  means  in  drinking  and  debauchery, 
until  he  was  without  either  money  or  friends. 

In  the  spring  of  1858,  Geo.  E.  presented  himself  in  Oroville,  at 
the  office  door  of  the  writer,  and  asked,  "Will  you  give  me  four 
bits  to  buy  me  something  to  eat?  I  have  not  had  a  mouthful  for 
two  days."  "Why  George,  is  this  you?"  I  answered.  "N'o, 
George,  I  will  give  you  no  money,  for  you  would  spend  it  for 
whisky,  but  I  will  take  you  down  to  Johnny  Mitchell's  restaurant, 
and  give  you  a  square  meal,"  which  I  did.  I  hardly  knew  the 
boy.  He  had  grown  to  the  full  stature  of  a  man,  but  was  bloated  with 
drink  until  almost  all  of  his  former  manly  beauty  and  intelligence 
had  departed  from  him.  Before  I  left  him,  he  promised  me  to 
"sober  up"  and  drink  no  more;  but  a  few  weeks  after,  he  again 
staggered  into  my  office,  and,  reeling  to  a  chair,  asked  me  for 
"  four  bits,"  again  telling  me  that  he  had  been  without  food  for 
two  days.  " Ko,  George,"  I  answered,  "I  will  not  trust  you  with 
a  dime  in  money,  for  you  promised  me  that  you  would  drink  no 
more,  and  here  you  are  agoAn  di^nh.  But  I  will  not  let  you 
suffer  with  hunger,  and  will  take  you  to  a  restaurant  and  give  vou 
a  meal."     To  make  him  promise  again  I  saw  was  folly. 

Soon  after  this,  the  great  fire  of  July  5,  1858,  which  burned  all 
the  business  portion  of  Oroville,  occurred;  and  as  my  office  was 
burned  with  the  rest,  I  took  another  on  Huntoon  street,  facing  the 
Plaza,  and  immediately  in  front  of  tlie  court-house.  Just  south 
of  my  new  office  was  a  large  vacant  lot,  near  the  center  of  which 
was  a  mass  of  old  rubbish,  which  a  number  of  full-grown  swine 
with  litters  of  half-grown  pigs  had  appropriated  for  their  nest. 
One  morning  as  I  was  going  to  my  office,  in  passing  the  vacant 
lot,  I  saw  an  object  which  I  thought  was  a  man,  stretched  out  in 
the  center  of  the  nest,  around  which  the  hogs  were  rooting;  and 
on  approaching  it,  I  found  my  suspicions  were  true.  I  tried  to 
turn  the  man  over,  but  he  was  cold  and  stiff*,  and'  almost  without 
life,  and  I  could  not.    I  saw  who  it  was,  however,  and  I  went  over 


640  TEMPEKAl^rCE    AND 

to  the  sheriff's  office  and  asked  Mr.  Fhini,  the  sheriff,  to  get  some 
men  and  go  over  with  me  and  bring  George  E.  Bates  to  the  jailer^s 
room,  as  George  was  in  the  last  agonies  of  death.  The  men  were 
soon  summoned;  but  before  we  could  reach  the  spot,  George  was 
dead.  So  died,  a  bloated,  drunken,  rotten  and  offensive  sot,  and  was 
buried,  unmourned,  in  the  Potter's  field,  a  young  man  at  nineteen 
years  of  age,  who,  only  four  years  before  that  time,  was  as  beauti- 
ful and  promising  a  youth  as  ever  trod  the  generous  soil  of  the 
Golden  State.  His  first  drink  had  led  him  to  this  death.  It  might 
be  thought  that  so  disgusting  an  example  would  have  proved  a 
warning  to  others  who  saw  him  there,  and  would  have  restrained 
them  from  using  intoxicating  drinks;  but  three  of  those  who  wit- 
nessed him  in  his  degraded  death,  though  they  were  then  and 
afterward,  high  in  official  position,  one  a  deputy  county  clerk,  and 
another  a  brilliant  judge  of  the  district  court,  have  filled  drunk- 
ard's graves.  Only  four  years  since,  I  followed  the  last  one  in 
sorrow  to  his  grave,  for  I  was  his  friend.  The  facts  above  given 
occurred  in  early  times,  but  to-day  California  is  justly  characterized 
by  as  great  sobriety  as  most  Atlantic  States;  and  San  Francisco 
has  as  few  saloons,  in  proportion  to  her  population,  as  Chicago  or 
St.  Louis,  and  others  of  the  great  Eastern  cities. 

The  other  George  went  at  once  to  Oroville,  and  hired  out  to 
work  at  $45  per  month.  He  boarded  himself,  and  from  his  wages 
he  saved  $30  a  month.  When  invited  to  "  take  a  drink"  he  said, 
"No,  I  promised  my  mother  that  I  would  not  drink,  and  1  will 
never  break  my  promise  to  her."  He  had  come  to  California  as  a 
sailor  boy,  "before  the  mast."  Soon  his  wages  were  advanced  to 
$65  per  month,  and  out  of  this  he  saved  $45  a  month  regularly. 
After  he  had  labored  and  saved  a  year  or  two,  a  friend,  who  had 
observed  his  sterling  worth,  desiring  to  sell  the  Bid  well's  Bar 
Bridge,  offered  it  to  George  for  much  less  than  its  value,  and 
George  bought  it ;  but  he  continued  zealously  to  labor  in  his  posi- 
tion, as  porter  and  deliverer  of  goods,  in  Hedly  &  Knight's  store. 
The  fire  of  1858,  above  spoken  of,  swept  the  store  and  stock  of 
goods  away;  but  the  firm  attempted  to  rally,  and  obtained  another 
stock  of  goods  "on  time."  When  the  day  of  payment  came,  the 
firm  could  not  meet  their  obligations,  and  they  proposed  to  George, 
to  whom  they  were  considerably  indebted,  that  if  he  would  sell  his 
interest  in  the  bridge,  and  make  arrangements  with  their  cred- 
itors, relieving  tlie  firm  from  their  obligations,  they  would  turn 
the  stock  over  to  him,  and  step  out  of  business  themselves.     He 


INTEMPERANCE.  6J:1 

did  SO,  and  was  eminentlj  successful.  He  soon  became  the 
wealthiest  and  most  influential  man  in  his  county.  He  was  chosen 
a  State  Senator  from  his  county,  by  an  overwhelming  majority. 
He  became  one  of  the  largest  steamship  owners  in  his  State.  He 
has  just  closed  an  honorable  and  upright  term  of  four  years  as 
Governor  of  his  State,  and  every  Califowiian,  who  may  glance  at 
the  little  picture  of  his  career  which  I  have  attempted  to  give 
above,  will  tell  you  with  an  honest  pride  that  his  name  is  Geokge 
C.  Perkins.* 

George  E.  Bates  once  stood  as  fair  and  promising  as  he,  but  the 
first  glass,  which  paved  the  way  for  many  others,  led  him  to  dis- 
gusting rottenness,  and  the  Potter's  field. 

The  necessary  conclusion  of  law  from  the  foregoing  facts  is,  that 
temperance,  honesty  and  industry  reward  their  votaries  with 
honors;  but  intemperance  and  indolence  bring  their  adherents  to 
dishonored  graves.  It  is  also  a  rtde  of  law  that  "voluntary  drunk- 
enness never  excuses,  but  rather  aggravates,  a  crime  "  committed 
under  its  influence;  yet  if  the  drunken  condition  of  the  criminal 
were  brought  about  by  the  act  of  the  person  who  suffered  from  the 
criminal  act,  it  may  then,  in  some  measure,  mitigate  the  offense. 

Says  an  eminent  authority,  respecting  dipsomania:  "The  drunk- 
ard ninety-nine  times  in  a  hundred  is  as  much  responsible  for  what 
he  does  when  he  is  drunk  as  the  man  is  who  kills  another  through 
anger.  The  so-called  dipsomaniac  gets  drunk  because  he  wants 
to;  he  likes  the  effect  of  whisky.  He  may  have  any  one  of  a  dozen 
reasons  for  it — poverty,  disappointment,  toothache,  family  diffi- 
culties, idleness — but  none  of  them  should  excuse  him  if  under  the 
influence  of  liquor  he  commits  a  crime.  Like  the  victims  of  opium, 
the  habit  is  often  carried  to  an  extent  that  a  sudden  cessation  of 
stimulants  is  almost  certain  death  No,  dipsomania  is  a  senti- 
mental humbug,  and  a  social  fiction  of  the  scientific  parlor  fireworks 
of  medical  men  of  the  advanced  school — men  like  Dr.  Beard,  and 
the  epigrammatic,  if  not  deep.  Dr.  Spitzka. " 

It  is  often  said  that  "drunkenness  is  insanity,"  but  if  so,  it  is 
insanity  induced  by  the  voluntary  act  of  him  who  becomes  drunk; 
and  in  this  connection  the  writer  desires  to  add,  that  in  his  opinion 
there  should  be  a  law  in  every  State  and   Territory  that  when  in- 

*  The  Governor  may  not  thank  me  for  parading  his  name  before  the  public  in 
suoh  a  connection ;  but  his  has  been  an  example  worthy  of  imitation  by  all  the 
young  men  in  the  land ;  and  how  can  his  industry,  sobriety  and  integrity  be 
emulated  unless  they  be  known  ? 
41 


642  TAE   LAW    OF   HABIT. 

sanity  is  interposed  as  a  plea  in  defense,  in  any  criminal  action 
where  murder  is  charged  in  the  indictment,  and  when  such  plea  is 
found  by  the  jury  to  be  true,  the  defendant  in  such  case  should  be 
incarcerated  in  the  asylum  for  the  insane,  for  life,  and  without 
power  of  pardon,  reprieve  or  discharge,  in  any  person  or  authority 
whatever.  Such  a  statute,  if  strictly  enforced,  would,  in  the 
writer's  opinion,  rapidly  diminish  both  the  frequency  of  the  plea 
and  the  commission  of  great  crimes. 


THE  LAW  OF  HABIT. 

"I  trust  everything  under  God,"  said  Lord  Brougham,  "to 
habit,  upon  which,  in  all  ages,  the  law-giver,  as  well  as  the  school- 
master, has  mainly  placed  his  reliance.  Habit  makes  everything 
easy,  and  casts  all  difficulties  upon  the  deviation  from  a  wonted 
course.  Make  sobriety  a  habit,  and  intemperance  will  be  hateful; 
make  prudence  a  habit,  and  reckless  profligacy  will  be  avoided. 
Give  a  child  the  habit  of  sacredly  regarding  the  truth,  of  carefully 
respecting  the  property  of  others,  of  scrupulously  abstaining  from 
all  acts  of  improvidence  which  can  involve  him  in  distress,  and  he 
will  just  as  likely  think  of  rushing  into  an  element  in  which  he 
cannot  breathe,  as  of  lying,  cheating,  or.stealing." 


SUGGESTIONS  TO  YOUNG  ADVOCATES. 

The  following  hints  to  young  advocates  are  offered  with  feelings 
of  great  delicacy,  and  not  with  the  belief  that  they  do  not  know 
just  what  to  do,  nor  the  best  way  of  doing  what  should  be  done ; 
but  it  sometimes  happens  that  the  experience  and  observation  of 
older  men  may  be  beneficial  to  those  who  are  not  always  cool  and 
self-possessed  when  they  try  their  first  cases  at  the  bar,  and  to  such 
the  suggestions  are  offered;  and  the  author  hopes  that  he  may  have 
credit  for  good  intentions  in  making  the  suggestions,  even  if  they 
prove  of  but  little  practical  value. 

Be  sure  that  you  have  a  common-stense  view  ot  your  subject,  and 
be  very  sure  to  use  your  common  sense  in  explaining  the  subject 
to  the  court  and  jury.  Don't  take  it  for  granted  that  the  jury  are 
fools.  They  are  wise  men,  and  will  judge  whether  you  have  com- 
mon sense  and  truth  on  your  side,  or  not.     Be  careful  that  they  do 


SUGGESTIONS   TO   YOUNG   ADVOCATES.  64:3 

not  find  you  a  fool.  Thej  will  decide  the  question  by  your  skill 
and  common  sense,  or  by  your  lack  of  them.  Don't  bawl  at  the 
jury,  but  reason  with  them.  Understand  your  case^  thoroughly, 
and  be  earnest  and  logical  in  presenting  it.  ]^o  sham  or  pretense 
will  be  tolerated  in  you  by  the  jury. 

Discover,  as  soon  as  you  can,  who  is  the  clearest  thinker  on  your 
jury,  and  talk  plain  sense  to  him,  for,  generally,  the  rest  of  the  jury 
will  think  about  as  he  does. 

Don"'t  try  to  use  too  fine  talk,  for  it  is  business  and  not  fine 
sentences  you  are  after  now,  and  plain,  simple  words  go  to  the 
judgment  much  swifter  than  painted  ones.  Don't  commence  your 
argument  too  soon,  and  be  sure  that  your  evidence  will  sustain  it 
when  you  do  commence.  Show,  by  your  words  and  your  actions, 
that  you  believe  in  the  truth  of  what  you  say,  and  in  the  justice  of 
your  side  of  the  case,  and  the  jury  will  give  you  full  credit  for 
your  sincerity. 

Don't  defend  your  assertions  until  after  they  are  attacked,  or 
the  jury  will  then  think  that  you  don't  believe  them  yourself. 

Anticipate  the  argument  of  your  antagonist,  when  you  can  do  so* 
successfully,  but  don't  think  him  a  fool,  and  attempt  to  state  it  for 
him,  for  he  may  isduce  the  jury  to  believe  you  tlie  "  bigger  fool  of 
the  two." 

Don't  tell  the  jury  "you  cannot  imagine  what  defense  your  op- 
ponent can  make,"  for  they  may  imagine  it,  and  your  learned 
friend  may  reveal  it,  to  your  sorrow.  Don't  spend  too  much  labor 
in  fine  words  and  splendid  illustrations;  you  are  not  on  "the 
stump  "  now,  and  the  clearer  and  more  concise  jow  make  your 
speech,  the  more  effective  it  will  prove. 

Use  clear  and  choice  words,  which  express  your  exact  meaning, 
and  when  you  have  done  this,  the  fewer  further  words  you  use  the 
better.  In  opening  your  speech,  use  facts  only,  and  let  illustra- 
tions wait  on  time.  Before  you  hegin,  have  your  facts  carefully 
arranged  in  stri^ct  and  natural  order,  and  stick  to  such  order  in 
your  speech.  Don't  talk  about  matters  which  have  nothing,  or 
very  little,  to  do  with  the  case;  yet  every  fact  upon  which  a  fair 
argument  can  be  based,  however  trivial  it  may  appear,  you  should 
present  with  good  address  to  the  jury. 

If  a  fact  must  he  plain  to  the  jury^  be  careful  not  to  dwell  on  it 
too  long,  for  the  jury  may  infer  that  you  think  they  are  fools  and 
then  they  will,  in  revenge,  think  you  one. 

Be  sure  to  impress  the  jury,  by  your  manner,   with  the  belief 


644  SUGGESTIONS   ABOUT   "WITNESSES. 

that  you  are  honest  and  manly,  and  that  yon  have  faith  in  their 
judgment  and  discernment,  even  if  your  own  be  wrong;  for  then 
they  will  be  likely  to  do  your  side  of  your  case  justice,  even  if  you 
have  failed  to  do  it  justice  yourself,  hut  don?t  you  dare  to  flatter 
the  jury.  J^ever  resort  to  a  trick;  your  influence  and  respecta- 
bility will  go  with  the  trick.     Both  will  be  short-lived. 

Don't  try  to  imitate  some  one  else;  be  yourself,  and  talk  and 
act  like  an  honest  man.  Therefore,  be  one.  Let  your  address  to 
the  jury  be  moderate,  both  in  manner  and  tone  ;  and  at  the  same 
time  forcible,  and  with  a  full,  clear  voice,  for  soft  speaking  denotes 
weakness  to  the  jury  as  hawling  and  yelling  denotes  "  a  hulhf  to 
them. 

You  had  better  practice  speaking  at  home  or  out  in  the  woods 
awhile  before  attempting  to  address  a  jury;  and  when  you  prac- 
tice privately,  be  sure  to  listen  to  your  own  voice,  and  see  that  it 
fully  expresses  your  meaning.  Don't  talk  too  fast.  Speak  your 
words  distinctly  and  fully,  and  let  them  go.  Don't  hang  on  to 
them  as  if  you  hated  to  part  with  them.  They  are  coins  for 
others'  use,  and  let  them  come  out  as  fresh  and  clean  as  coins  from 
the  mint. 

Don't  pretend  to  feel  what  you  donH  feel.  I  told  you  before  that 
the  jury  are  not  fools,  and  they  can  see  your  hypocrisy  as  clearly 
as  yourself. 

When  you  are  through  your  speech  sit  down;  don't  go  over  it 
again.  The  jury  have  heard  all  you  have  said — if  you  said  it 
right.     Sit  down. 


Suggestions  About  Witnesses. 

Some  young  attorneys  know  better  how  to  examine  witnesses 
than  anybody  else;  and  the  following  suggestions  are  not  for  them, 
but  for  tliose  who  do  not  know  everything  about  witnesses. 

Don't  take  it  for  granted  that  your  own  witness  is  a  liar;  nor 
that  he  is  totally  ignorant  of  any  of  the  facts  of  your  case;  if  you 
do,  you  may  lind  yourself  badly  mistaken.  Let  your  witness  tell 
his  story  in  his  own  way;  you  can  embellish  it  when  you  go  to  the 

jury. 

Don't  interrupt  your  witness  unless  he  travels  into  irrelevant 
matter.  Ask  him  only  such  questions  as  are  necessary  to  your 
case;  and  ])ut  them  in  the  simplest  and  most  common-place  form; 


CBOSS-EX  A  MINATION.  645 

as,  "  What  took  place  then  ?  "  etc.  Never  ask  your  own  witness 
questions  which  he  can  answer  by  "  yes  "  or  "  no,"  or  in  other 
words  leading  questions  Be  careful  not  to  confuse  your  own 
witness,  and  when  he  has  answered  a  question  don't  ask  him  if  he 
"is  quite  sure"  or  " perfectly  sure  "  of  that.  He  may  not  be, 
and  if  3'our  witness  "  goes  back  on  you  "  you  will  be  in  a  bad  con- 
dition. Let  your  opponent  find  out  if  he  is  sure.  Be  sure  that 
every  question  you  ask  your  witness  is  intelligible  and  relevant  to 
the  case,  and  put  it  in  such  a  form  that  the  witness  will  see  its  rele- 
vancy to  the  case;  and,  when  he  has  answered  the  question,  let  it 
go  and  make  the  best  of  it. 

Put  your  questions  in  the  natural  order  of  time  as  the  facts 
occurred.  Don't  ask  him  to  repeat  what  he  said  before;  the  jury 
heard  him  if  you  didn't.  Never  cross-examine  your  own  witness; 
your  opponent  will  attend  to  that,  to  your  complete  satisfaction. 
Have  a  knowledge  of  the  facts  of  your  case  as  far  as  you  can, 
beforehand,  and  examine  your  witnesses  from  your  memory  of  or 
belief  in  the  facts.  Don't  ask  your  questions  too  rapidly,  yet 
don't  take  an  hour  to  ask  a  question.  Keep  all  irrelevant  matter 
out  of  the  case  if  you  can;  you  only  want  facts  which  have  a 
bearing  on  the  case .  Don't  forget,  however,  that  ' '  trifles  may 
turn  the  case,"  and  that  verdicts  of  juries  are  sometimes  little  less 
than  miracles.  Never  seem  to  distrust  your  own  witness,  unless 
he  has  lied  to  you  beforehand,  but  examine  him  boldly  and  con- 
fidantly  (not  like  "a  bully  "),  and  never  regret  losing  a  case  which 
your  own  witnesses  will  not  support. 


Cross-Examination. 

In  cross-examining  a  witness  you  stand  on  dangerous  ground, 
for  one  mistake  on  your  part  may  be  fatal  to  your  case,  and  both 
you  and  your  client  may  suffer  from  it.  You  will,  therefore,  be 
wise  to  approach  the  witness  carefully  and  adroitly  until  you  learn 
whether  he  is  a  partisan  witness  or  not,  and  you  will  ask  a  ques- 
tion here,  and  a  question  there,  until  you  draw  out  the  truth.  It 
is  much  more  difficult  to  cross-examine  a  witness  loell  than  to  ex- 
amine one  in  chief;  for  in  one  case  it  may  not  have  been  allow- 
able under  the  rules  of  evidence  to  bring  out  all  the  facts  in  favor 
of  the  other  side,  and  you  may  bring  them  out  by  an  injudicious 
cross-examination,  to  your  great  harm  and  your  opponent's  benefit; 
therefore,  if  the  witness  be  a  great   talker,  be  careful  not  to  urge 


64r6  RESPECTING   WITNESSES/ 

him  on  to  your  own  and  your  client's  injury,  and  ''drop  Mra" 
gently,  as  soon  as  you  discover  his  character  to  the  jury. 

You  should  learn  to  read  character  as  good  readers  read  books. 

Keep  a  good  temper  at  all  times,  and  never  "bandy  words" 
with  a  witness. 

Study  the  motives  of  the  witness  and  his  bias,  and  if  that  be 
against  you,  or  your  client,  let  the  jury  discover  it;  but  don't  get 
angry,  or  the  jury  will  give  you  credit  for  great  weakness.  Never 
ask  a  question  when  the  answer  may  be  against  you;  and  never 
ask  a  question  unless  you  have  a  good  reason  for  it. 

If  you  get  a  favorable  answer,  remember  the  answer,  but  do  not 
repeat  the  question;  the  answer,  if  repeated,  may  be  modified  to 
your  injury. 

Always  seem  to  be  in  earnest,  but  make  tiie  cross-examination 
as  short  as  possible,  for  the  shortest  is  generally  the  best. 

Respecting  Witnesses. 

These  are  of  various  kinds;  truthful,  lying,  talkative,  stubborn, 
hesitating,  nervous,  cunning,  hypocritical,  positive,  stupid,  expert, 
bullying,  swift,  slow,  and  female,  all  of  whom  can^  in  civil  cases^ 
demand  their  fees  when  subpoenaed  as  witnesses,  and  if  not  paid, 
they  can  remain  away  from  the  court- room  with  impunity;  but  if 
their  fees  were  paid  when  demanded  they  had  better  be  in  attend- 
ance at  the  court  on  time,  or  they  will  be  liable  to  be  punished  by 
the  court  for  contempt  in  disobeying  its  order.  If  they  did  not 
demand  the  fee  when  subpoenaed,  they  must  appear  in  court  as  re- 
quired by  tlie  subpoena,  or  suffer  the  penalty. 

The  truthful  witness  will  tell  the  truth,  on  cross  as  well  as  di- 
rect examination,  and  the  jury  will  believe  him. 

Let  the  lying  witness  go  ahead,  and  urge  him  to  the  full  scope  of 
his  imagination.     The  jury  won't  believe  him. 

The  talkative,  smart  witness  you  must  demolish;  you  must  not 
argue  with  him;  crush  him  at  once;  he  is  too  smart  to  live. 

The  stupid  witness  is  not  as  wise  as  he  seems.  Lead  him  out, 
and  the  jury  will  find  him  "  an  idiot." 

The  hesitating  witness  balances  between  the  truth  and  a  lie,  and 
don't  know  which  way  to  go.     Try  to  lead  him  to  the  truth. 

The  nervous  witness  is  generally  afraid,  and  needs  encourage- 
ment. Be  careful  and  gentle  with  him,  and  you  may  possibly,  get 
the  whole  trutli  from  him. 

The  cunning  witness  must  be  liandled  cunningly.    He  knows  he 


KESPECTING  WITNESSES.  647 

is  cunning,  and  glances  at  the  jury  with  every  answer  he  makes. 
Bring  him  out  adroitly,  and  the  jury  will  find  him  to  be  a  "  con- 
temptible iellow." 

The  hypocritical  witness  has  a  face  longer  than  a  Puritan's. 
Stick  to  him;  don't  be  afraid.  Pile  in  your  questions,  sensible, 
careful,  and  earnest  ones,  and  before  he  knows  it  every  juror  will 
want  to  kick  him ;  but  being  in  court  they  will  restrain  their  con- 
tempt. 

Be  watchful  of  the  witness  who  mixes  truth  and  falsehood;  make 
him  cross  himself,  and  in  summoning  up  show  his  falsehoods  up 
clearly. 

The  positive  witness  will  soon  tell  different  stories,  if  carefully 
handled.     This  witness  is  generally  a  female. 

The  expert  is  almost  too  wise  to  be  in  this  world.  You  need 
not,  however,  be  afraid  of  his  spectacles,  nor  be  awed  by  his  su- 
perior manners,  or  his  pretended  knowledge.  Be  ready  to  meet 
him  on  his  own  lofly  ground  of  art,  mystery,  and  scientific  lore; 
and  when  you  are  through  with  him,  the  jury  will  have  less  respect 
for  his  opinions  than  they  may  have  had  before  he  went  on  the 
stand.     In  fact,  most  of  them  may  think  him  "  a  conceited  fool." 

A  great  many  witnesses  "don't  recollect,"  because  they  won't. 
It  is  difficult  to  get  the  truth  out  of  these. 

The  bullying  witness  may  be  against  you;  if  so,  treat  him  with 
rigid,  cold  politeness,  and  impress  upon  him  that  he  is  in  a  court 
of  justice.  He  is  afraid  of  the  court,  but  not  of  you,  and  his 
dread  of  the  majesty  of  the  law  may  awe  him  into  submission, 
and  he  may  then  tell  the  truth  and  respect  you  for  showing  your- 
self a  high-minded  and  honorable  man. 

The  swift  witness  will  swear  for  his  friend  right  through,  whether 
for  or  against  you.  He  is  dangerous,  but  less  dangerous  against 
than  for  you,  if  you  lead  him  on  to  extremes.  You  donH  loant  to 
call  him  yourself,  but  if  your  opponent  called  him,  make  him  your 
friend,  and  he  will  soon  destroy  all  he  testified  to  against  you. 

Female  witnesses  are  much  like  male,  but  they  generally  are 
more  positive.  What  they  know,  they  know  they  know,  and  there 
is  little  use  in  your  trying  to  dispute  them  while  they  are  on  the 
stand;  only  draw  them  out  and  show  their  bias.  To  dispute  them 
there  would  be  very  undignified  and  impolitic  in  you;  wait  till  you 
go  to  the  jury.  Never  call  a  swift  female  witness  for  your  own 
side  if  you  can  well  avoid  it;  manage  to  get  the  other  side  to  call 
her  if  you  can,  and  if  one  be  called  against  you,  be  careful,  polite. 


648  HOW    TO    ADDRESS 

skillful  and  discrete,  and  her  evidence  will  ])i'obably  result  in  your 
favor.  Never  re-examine  a  witness  unless  it  be  a  necessity,  nor 
upon  a  point  which  he  has  already  answered,  but  bear  in  mind 
that  "it  is  better  to  let  well  enough  alone"  than  to  run  the  risk 
of  being  destroyed  by  your  adversary.  If,  however,  the  cross- 
examination  has  weakened  the  evidence  of  your  witness  at  a  point 
which  you  are  confident  can  be  made  impregnable  by  a  re-exami- 
nation, then  go  aliead,  and  make  your  blows  tell;  for  you  must 
recollect  that  you  are  in  a  constant  encounter  of  wit  and  knowledge 
from  the  time  you  enter  the  case  until  the  jury  is  charged  by  the 
court,  and  often  for  years  after,  and  it  is  your  duty  to  your  client 
and  to  yourself,  to  watch  every  turn  of  the  case,  every  rule  of  the 
court,  and  every  answer  of  the  witnesses,  and  to  turn  every  possi- 
ble matter  to  your  own  advantage;  for  if  you  are  an  honorable 
attorney,  you  will  feel  that  it  is  yourself^  Tnuch  'more  than  your 
clienfs  interest^  that  is  on  trial  before  the  court  and  jury. 

How  to  Address  the  Court  and  Jury. 

There  are  some  young  attorneys  who  know  how  to  address  the 
court  and  jury  better  than  any  one  can  tell  them.  They  know  it 
intuitively,  and  time  spent  by  them  in  study,  labor,  and  reflection 
upon  the  subject  would  be  "time  lost."  Demosthenes  and  Cicero 
were  fools  compared  with  them,  for  both  the  Athenian  and  the 
Roman  orator  were  compelled  to  think,  and  to  study,  and  to  prac- 
tice, before  the}^  entranced  their  hearers;  but  these  were  horn 
orators;  their  mouths  were  wide  open  when  they  came  into  the 
world.  They  open  their  rosebud  lips  and  words  flow  from  them 
like  water  from  the  bottom  tap  of  a  full  hogshead.  They  com- 
mence with  a  loud  voice  and  in  a  high  key,  and  run  regularly 
down  to  a  fine,  small  voice  and  a  low  key;  for  the  form  of  a  horn 
is  one  of  their  ideas  of  the  beautiful,  and  they  make  their  voices 
conform  to  it.  Again,  they  put  their  voices  through  all  the  grace- 
ful motions  of  a  see-saw^  and  then  'they  spread  their  words  out  very 
thin,  until  they  become  like  webs  of  gossamer,  floating  in  the  air. 
They  accompany  their  words  with  remarkable  gestures.  They 
beat  the  surrounding  air  in  every  direction,  as  if  they  were  driving 
mosquitoes  from  too  close  j^roximity.  Tiiey  contort  themselves 
into  all  sliapes,  and  splash  around  as  wildly  as  if,  wliilo  bathing  in 
the  sea,  the}'  were  frightening  tlic  sharks  from  around  tliom.  They 
say  brilliant  tilings,  and  look  around  cunningly  to  the  audience, 
as  if  to  ask,  "  Don't  you  wish  you  could  be  as  smart  as  I  am?" 


THE    COURT   AXD    JURY.  649 

The  J  know  they  are  smart.     They  are  "most  too  smart."     It  is  a 
wonder  the  gods  did  not  take  them  when  they  were  young,  but 
they  were  left  to  astonish  the  court  and  the  people,  and  they  do  it. 
Sometimes  they  read  at  the  clear  and  ringing  words  of  the  law, 
but  the  words  are  unintelligible  to  ordinary  mortals,  and  all  who 
hear  them  wish  the  gods  had  taken  them  at  an  early  day.     They 
remind  one  of  those  preachers  who  read  beautifully  worded  hymns, 
and  even  the  Bible  itself,  as  if  they  thought,    "This  is  all  bosh! 
These  words  mean  nothing,  and  I'll  mumble  along  through  them 
as  fast  as  I  can,  and  let  the  words  and  meaning,  if  there  be  any, 
take  care  of  themselves.      It  is  all  form  anyway."      I  like  good 
preachers.,  but  I  hate  all  poar  public  readers.     They  have  no  right 
to  read  poorly.     They  should  express  with  their  voices  the  fxdl  and 
exact  meaning  of  the  words  they  use.,  or  they  should  not  read  in 
pid)liG  at  all.     They  have  no  right  to  set  vile  examples  to  others^ 
even  in  reading  "  the  Word."     I  don't  wonder  there  are  so  many 
infidels,  when  there  are  so  many  bungling  and  incompetent  read- 
ers and  advocates  in  the  pulpit.     Bungling  preachers  and  readers 
drif^e  men  to  infidelity.     When  you  read,  don't  confine  your  eyes 
to  th.Q  word  your  voice  is  pronouncing^  hut   let  them  glance  along 
and  taJce  in  the  full  scope  of  the  sentence;  and  then  be  sure  that 
your  voice  expresses  the  full  and  exact  meaning  of  the  sentence. 
Read  aloud  in  your  room  often,  and  he  sure  that  you  read  cor- 
rectly there.,  even  if  you  have  to  read  .  the  same  sentence  over  a 
dozen  times — yes,   twenty  times,   if  necessary — till  you   read   it 
right.      Correct  pronunciation,   accent,  emphasis,  inflections,  and 
stress  of  voice  on  the  right  words,  are  what  convey  the  true  mean- 
ing of  sentences.     Let  your  voice  be  smooth,  and  clear  and  well 
modulated;   your  tone  earnest,  full,  and  distinct,  like  pure  music; 
and  your  manners  sensible,  graceful,   and  manly,  whether  you  be 
reading  or  speaking. 

It  is  not  to  the  class  ot  precocious  young  attorneys  above  alluded 
to,  that  any  of  these  suggestions  are  made;  but  rather  to  those 
young  gentlemen  who  do  not  know  everything  intuitively.,  and  who 
would  like  to  profit  by  the  observations  of  one  who  lias  seen 
courts,  attorneys,  and  jurors,  in  very  many  of  the  States  and  Ter- 
ritories of  the  Union.  To  the  latter  young  gentlemen,  I  desire  to 
make  the  following  further  suggestions.  In  making  your  speech, 
you  must  endeavoi-,  by  reason,  sound  argument  and  the  law  on 
your  side,  to  secure  the  attention  and  interest  of  the  judge.  The 
first  is  easily  done,  unless  you  disgust  him  by  your  folly ;  for  he  is 


650  HOW   TO    ADDEESS 

always  watching  you  and  listening  to  what  you  say;  but  clear 
common  sense,  a  sound  argument,  and  the  law  on  your  side, 
stated  clecu'ly^  will  alone  enlist  him  on  3"our  side  and  make  him 
lean  a  little  in  your  favor.  You  must  be  careful,  too,  that  there 
are  no  loop-holes  in  your  argument,  for,  if  you  do  leave  any,  the 
court  will  see  them,  and  your  adversary  will  find  tJtem^  and  will 
endeavor  to  tear  the  whole  net-work  in  pieces.  If  you  have  the 
closing  words,  and  they  be  sensible,  it  will  be  a  point  in  your  favor. 
The  last  speech  is  often  valuable.  Never  despise  your  adversary. 
I  once  saw  three  "  ISTestors  of  the  bar,"  immediately  after  they  had 
made  eloquent  speeches,  thrown  headlong  "  out  of  court ''%  <z 
simple  motion,  made  ly  a  mere  tyro,  in  comparison  with  his  sMlled 
opponents,  in  both  learning  and  experience.  Don't  attempt  to 
flatter  the  jury.  They  are  sensible  men  and  know  it  without  your 
foolish  adulation;  or  otherwise  you  would  have  kept  them  out  of 
the  box.  Your  business  now  is  to  convince  them,  by  the  facts 
and  by  your  clear  statements,  illustrations,  and  common-sense 
argument,  that  your  view  of  the  case  is  the  right  one,  and  that  no 
other  conclusions  than  yours  can  reasonably  be  drawn  from  the 
facts  as  given  by  the  witnesses,  and  the  law  .of  the  case.  "The 
gods  help  them  who  help  themselves."  Now  is  the  time  to  use 
all  your  persuasive  powers.  Your  present  case  and  your  future 
success,  in  a  great  measure,  depend  upon  what  you  say  now,  and 
on  your  manner  of  saying  it.  Our  American  language  is  a  very 
forcible  one.  It  has  strong  and  beautiful  words,  which  will  go 
right  to  the  point,  as  the  polished  arrow  flies  straight  to  the  mark. 
You  are  the  man,  and  your  voice  is  the  hoio  which  sends  them. 
Choose  choice,  strong,  appropriate  words,  and  send  them  with  un- 
erring aim.  Don't  have  anything  to  say  by  way  of  attack  on  your 
adversary,  for  he  can  defend  himself  if  you  are  so  foolish  as  to  do  so. 
Attend  to  your  argument,  and  bring  every  thing  to  bear  in  your 
favor,  before  the  jury.  If  you  like,  state  your  opponent's  case 
first,  and  then  demolish  it  with  the  facts  and  law  of  your  own  side; 
but  never  make  out  your  own  case  first,  and  then  make  out  your 
opponent's,  and  attempt  to  demolish  that  afterward.  Don't  be  too 
minute;  trivial  matters  have  no  weight,  and  weary  a  jury;  but 
sometimes  an  apparently  trivial  matter  is  very  important',  be  sure 
to  see  that  fact,  and  present  its  full  meaning  to  the  jury.  It  may 
decide  the  case.  The  effect  of  the  evidence  is  what  you  must  ex- 
amine; and  if  your  adversary's  witnesses  have  sworn  to  a  differ- 
ent  state   of  facts,  pay   but   a   slight  allusion   to  that,   but  call 


THE    COURT    AND    JURY.  651 

attention  particularly  to  the  testimony  of  your  own  witnesses;  and 
in  presenting  your  own  evidence,  always  show  its  effects  in  the 
clearest  light  and   most   concise   manner  possible. 

If  witnesses  have  disagreed,  show  that  the  probabilities  are  on 
your  side.  Of  course  they  are.  Don't  use  ''slang  phrases," 
nor  stale  "  old  proverbs,"  and  if  you  use  illustrations  let  them  be 
exactly  in  point;  "-farfetched"  illustrations  are  worse  than  use- 
less,— they  are  absolutely  silly. 

Avoid  all  fictitious  emotion,  and  never  appeal  to  the  prejudices 
of  the  jury.  It  is  unmanly  and  unfair.  Be  sure  that  you  com- 
mence your  speech  in  the  natural  tone  of  your  voice;  otherwise 
you  will  not  be  able  to  modify  it,  and  your  tones  may  become  dis- 
agreeable to  the  jury  and  prevent  their  listening  to  your  argu- 
ment. This  you  must  avoid  by  your  common  sense,  voice,  and 
manner. 

In  replying  to  your  adversary,  be  temperate,  bold,  comprehen- 
sive and  compact.  An  able  writer  says,  "Violence  of  language 
is  invariably  weak,  and  loudness  of  tone  is  but  a  noisy  accom- 
paniment, at  best,"  and  he  might  have  added  that  vehemence  of 
gesticulation  is  as  senseless  as  the  "  movements  of  a  jumping 
jack."  Ranting  and  raving  are  as  inappropriate  in  the  forum  as 
in  the  pulpit,  however  laughable  they  may  appear. 

If  any  one  of  the  foregoing  suggestions  prove  a  benefit  to  any 
of  my  young  fellow  attorneys,  or  to  others,  I  shall  be  paid  for  my 
trouble  in  making  them.  I  hope,  particularly,  that  my  yonng 
friends  will  jpay  great  attention  to  their  elocution^  for  that  is  an 
important  matter  in  forensic  debate,  as  well  as  in  the  pulpit. 

The  following  blank  letters  may  be  convenient  as  guides  to  some 
young  attorney: 

Denver,  Col.,  Jan.  25,  18S3. 

Mr. , 

Dear  Sir:  The  amount  of  your  indebtedness  tO' 


for  goods,  etc.,  purchased  of  them  is,  % ,  and  I  am  instructed 

to  recover  that  sum  from  you,   by   suit,    if  it   be   not  paid  withm 
three  days.  Very  truly  yours, 

■) 
Atfy  at  Law. 

Generally,  however,  a  suit  with  a  writ  of  attachment  goes  with- 
out notice. 


^52  A   KIND   WORD   TO   YOUNG   PEOPLE. 

Another  Form. 

[^Place,  date,  etc.'] 

Dear  Sir:    Your  promissory  note  for  $ ,  dated ,  18 — , 

and  secured  by  mortgai^e  of  the  same  date,  is  now  considerably 
past  due,  and  I  am  instructed  to  bring  suit  on  the  same  and  to 
foreclose  the  mortgage  if  not  satisfied  within  three  days.  My 
clients  are  not  disposed  to  distress  you  but  they  need  and  must 
have  their  money;  and  legal  proceedings  will  be  commenced  to  re- 
cover the  amount  due  on  your  note,  if  it  be  not  paid  within  the 
time  above  mentioned.  Very  respectfully  yours, 

Atfy  at  Law. 


GOOD  MANNERS  AND   GOOD    COMPANY. 
A  Kind  Word  to  Young  People. 

As  the  author  of  this  work  would  like  to  benefit  all  classes  of 
people  who  may  possess  it,  and  as  he  cannot  come  into  personal 
contact  with  all,  he  ventures  to  suggest  to  his  you-ng  brothers  and 
sisters  of  the  great  American  family,  whether  they  be  native  or 
adopted,  the  propriety  of  their  cultivating  and  exercising  kindness 
of  disposition,  good  manners  and  true  politeness  wherever  they 
may  be,  whether  at  home  or  abroad;  at  the  table  or  in  the  private 
room;  to  their  brothers'  and  sisters,  and  to  their  fathers  and 
mothers  ;  to  their  husbands  and  wives,  and  to  their  sweethearts 
and  most  intimate  friends  who  see  them  daily  and  almost  hourly. 
Good  manners  and  gentleness  of  demeanor,  at  home  as  %vell  as 
abroad,  are  marks  of  true  royalty  and  good-breeding ;  while  boister- 
ous ways  of  speech  and  action  denote  ill-breeding  and  poor  stock  in 
those  who  display  them.  But  even  bad  stock  may  be  redeemed  by 
forcing  itself  to  practice  good  manners  and  gentle  ways  of  action 
and  speech.  Good  manners  cost  nothing,  but  their  habitual 
practice  is  of  great  value  to  their  possessors,  and  no  investment 
will  pay  so  great  an  interest  as  their  practice.  Many  seem  to  have 
very  polished  manners,  and  appear  to  be  liberal  and  gentlemanly 
hefore  strangers  abroad,  who  arc  brutes,  perfect  devils  and  penuri- 
ous tyrants  at  home.  The  opposite  of  this  would  be  a  better 
rule,  and  would  make  life  much  happier;  and  especially  the  life  of 
those  who  are  nearest  to  you  by  every  tie,  and  have  a  legal  as  well 
moral  right,  not  only  to  your  love,  affection  and  protection,  but  to 
kind  treatment  and  true  politeness  from  you  at  all  times.  Ameri- 
cans should  be  the  kindest  and  most  polite  people  in  the  world, 


TWO    KINDS    OF   LADIES.  653 

and  every  true  American  should  feel  that  he  is  the  equal  of  a  king\ 
but,  to  feel  so,  he  must  be  so,^in  all  his  thoughts  and  actions. 

So  many  excellent  works,  like  "Gaskell's  Compendium,"  for 
instance,  incorporating  the  "Laws  of  Etiquette,"  have  been  pub- 
lished that  the  author  refrains  from  complicating  this  book  with 
that  important  subject;  but,  in  addition  to  the  above  suggestions, 
he  desires  to  impress  upon  the  minds  of  all  young  people  the 
iTnportanoe  of  their  selecting  good  company^  because  your  company, 
whether  it  be  good  or  vicious,  will  mark  your  own  consequence 
and  standing  among  all  worthy  men  and  women  whom  you  may 
meet,  or  who  may  observe  you.  You  can  not,  therefore,  he  too 
careful  in  the  selection  of  your  companions,'  and  you  should  admit 
to  your  companionship  and  friendship  only  those  who  are  honor- 
able and  reliable,  temperate  and  truthful;  and,  at  the  same  time, 
you  should  be  sure  that  you  also  possess  all  these  commendable  and 
ennobling  qualities.  It  is  always  well,  if  possible,  to  select  the 
company  of  those  who  have  greater  knowledge,  experience  and 
observation  than  yourself;  and  it  always  should  be  your  aim  to 
profit  by  their  superior  knowledge  and  observation.  1  speak  to 
you  as  if  I  were  your  elder  brother,  for  I  desire  to  do  you  good; 
but  in  this  connection,  I  will  add  only  a  simple  circumstance 
further  under  the  caption  : 

"  Two  Kinds  of  Ladies." 

"  As  a  young  lady  walked  hurriedly  down  State  street  upon  a 
bleak  winter  day,  her  attention  was  attracted  to  a  deformed  boy 
coming  toward  her,  carrying  several  bundles.  He  was  thinly  clad, 
twisted  his  limbs  most  strangely  as  he  walked,  and  looked  before 
him  with  a  vacant  stare.  Just  before  the  cripple  reached  the  brisk 
pedestrian  he  stumbled,  thus  dropping  one  bundle,  which  broke 
and  emptied  a  string  of  sausages  on  the  sidewalk.  Two  richly 
dressed  ladies  (?)  near  by  held  back  their  silken  skirts  and  whis- 
pered quite  audibly  :  '  How  horrid  !  '  while  several  passed  by  who, 
amused  by  the  boy's  look  of  blank  dismay,  gave  vent  to  their 
feelings  in  a  half-suppressed  laugh,  and  then  went  on  without  taking 
further  interest.  All  this  increased  the  boy's  embarrassment.  He 
stooped  to  pick  up  the  sausages  only  to  let  fall  another  parcel, 
when,  in  despair,  he  stood  and  looked  at  his  lost  spoils.  In 
an  instant  the  bright-faced  stranger  stepped  to  the  boy's  side, 
and  said  in  a  tone  of  thorough  kindness  :  '  Let  me  hold  those 
other  bundles  while  you  pick  up  what  you  have   lost. '     In  dumb 


654  ADVICE   TO    ALL. 

astonishment  the  cripple  handed  all  he  held  to  the  young  Samari. 
tan,  and  devoted  himself  to  securing  his  cherished  sausages. 
When  these  were  again  strongly  tied  in  the  coarse,  torn  paper, 
her  skillful  hands  replaced  the  parcels  on  his  scrawny  arms,  as  she 
bestowed  on  him  a  smile  of  encouragement,  and  said  :  '  I  hope  you 
haven't  far  to  go.'  The  poor  fellow  seemed  scarcely  to  hear  the 
girl's  pleasant  words,  but  looking  at  her  with  the  same  vacant 
stare  asked  :  'Be  you  a  lady?'  'I  hope  so;  I  try  to  be,'  was  the 
surprised  response.  'I  was  kind  of  hoping  you  wasn't.'  'Why?' 
asked  the  listener,  with  curiosity  quite  aroused.  '  'Cause  I've 
seen  such  as  called  themselves  ladies,  but  they  never  spoke 
kind  and  pleasant  like  'cepting  to  grand  uns;  I  guess  there's 
two  kinds — them  as  think  they  are  ladies  and  isn't,  and  them  as 
what  tries  to  be  and  is.'  " 

Now  which   of  these   was   the   lady  and    which    had   the    best 
manners ?     "Go  thou  and  do  likewise." 


ADVICE  TO  ALL.. 

And  now  the  child  is  born.  The  work  is  complete.  It  is  the 
progeny  of  a  labor  of  years.  As  Minerva  sprang  from  the  brow 
of  Jove,  full  fledged,  and  clad  in  garments  of  great  beauty,  ready 
to  do  her  father's  bidding,  so  The  Ready  Lawyer  lias  developed 
at  its  birth  into  full  proportions,  and  presents  itself  in  appropri- 
ate dress,  ready  to  do  your  bidding  at  your  call,  wherever  you 
may  be,  within  the  broad  range  of  its  usefulness.  Its  every  word 
and  every  letter  is  charged  with  electric  energy  and  directness. 
Every  word  and  every  letter  of  its  useful  pages  was  formed,  and 
cast  in  its  matrix  by  electricit}' — for  Jupiter's  swift  and  unerring 
thunder-bolts  have  been  harnessed  by  the  great  men  of  this  pres- 
ent age  who  have  even  made  that  mighty  god  himself  subservient 
to  man's  will  and  use.  This  work  is  prepared  to  benefit  all  men. 
Every  rcrnxv  needs  '\X.\few  can  afford  to  be  without  it.  Its  usefulness 
will  be  as  extensive  as  its  use.  And  now,  if  you  wish  to  know 
your  whole  duty  to  your  fellow  men,  consult  The  Ready  Law- 
yer, 

If  you  wish  to  read  the  document  which  made  us  a  nation,  turn 
to  The  Ready  Lawyer. 

If  you  wish  to  see  the  Supreme  Law  which  controls  us  as  a  na- 
tion, examine  The  Ready  Lawyer. 


ADVICE    TO   ALL.  655 

If  you  wish  to  know  the  names  and  order  of  our  Presidents,  see 
The  Ready  Lawyer. 

If  you  wish  to  know  the  mining  or  the  land  Laws  of  the  nation, 
see  The  Ready  Lawyer. 

If  you  wish  to  see  the  mining  law  of  any  State  or  Territory, 
turn  to  The  Ready  Lawyer. 

If  you  wish  to  know  how  to  patent  your  invention,  consult  The 
Ready  Lawyer. 

If  you  wish  to  know  how  pensions  are  secured,  consult  The 
Ready  Lawyer. 

If  you  wish  to  draw  a  deed,  mortgage,  lien,  or  note,  or  any 
other  paper,  see  The  Ready  Lawyer. 

If  you  wish  to  use  any  form  for  any  huslaess  or  legal  pitrpose^ 
see  The  Ready  Lawyer. 

If  you  wish  to  know  all  the  legal  weights  and  measures  of  this 
country,  France  and  England,  or  the  United  States  mint  regula- 
tions, consult  The  Ready  Lawyer. 

If  you  wish  to  know  the  postal  rules  and  rates  of  postage,  turn 
to  The  Ready  Lawyer. 

If  you  wish  to  see  any  form  of  petition  or  of  complaint,  turn  to 
The  Ready  Lawyer. 

If  you  wish  to  know  what  you  should  do  if  you  meet  a  person 
on  the  sidewalk,  or  in  any  place  where  people  meet,  or  a  team 
on  the  road,  consult  The  Ready  Lawyer. 

If  you  wish  to  know  how  to  proceed  in  any  case,  turn  to  The 
Ready  Lawyer. 

If  you  have  been  injured  in  any  way  by  a  common  carrier,  and 
wish  to  know  if  you  can  obtain  redress,  see  The  Ready  Lawyer. 

If  you  wish  to  know  the  rights  and  liabilities  of  common  car- 
riers, examine  The  Ready  Lawyer. 

If  you  wish  to  know  how  to  form  a  company  or  a  society,  con- 
sult The  Ready  Lawye^i. 

If  you  wish  to  know  what  are  parliamentary  usages  in  any  case, 
consult  The  Ready  Lawyer. 

If  you  wish  to  know  if  an  indebtedness  is  outlawed,  turn  to 
The  Ready  Lawyer. 

If  you  wish  to  know  the  rate  of  interest  in  any  State,  consult 
The  Ready  Lawyer. 

If  you  wish  to  know  the  law  of  any  State  relative  to  deeds, 
mortgages,  or  liens,  look  in  The  Ready  Lawyer 

If  you  wish  to  know  the  rights  of  married  women  in  any  State, 
consult  The  Ready  Lawyer. 


656  ADVICE     TO    ALL. 

If  yon  wish  to  know  the  powers  of  an  agent,  consult  The  Ready 

LA.WYEK. 

If  you  can  not  find  what  you  wish  in  any  other  legal  or  business 
work,  turn  to  T^e  Ready  Lawyer. 

If  you  wish  to  see  good  advice  given  to  young  attorneys,  and  to 
yourself,  see  The  Ready  Lawyer. 

If  you  wish  to  know  hou  you  should  read,  even,  consult  The 
Ready  Lawyer. 

If  you  wish  to  know  ^.o^^  poor, public  readers  are  looked  upon, 
see  The  Ready  Lawyer. 

If  you  wish  to  know  the  law  of  temperance,  intemperance,  and 
habit,  see  The  Ready  Lawyer. 

If  you  wish  to  know  the  general  rule  of  lawrelating  to  anything 
that  may  occur  in  any  ordinary  branch  of  the  business  of  life, 
consult  The  Ready  Lawyer  as  the  ancients  consulted  their  ora- 
cles on  all  important  matters,  and  it  will  answer,  not  evasively  and 
cunningly,  like  the  oracles  of  old,  but  candidly  and  truthfully,  as  a 
good  lawyer  answers  his  client;  and  whatever  it  may  tell  you,  be- 
lieve. But  do  n«t  take  it  for  granted  that  youh^vQ  become  a  prac- 
tical lawyer  yourself,  and  go  into  court  to  attend  to  your  own  case, 
for  there  you  may  find  men  of  greater  practical  experience  than 
yourself,  who  may  convince  you  through  your  own  example,  of 
truth  of  the  old  adage.  ' '  He  who  is  his  own  attorney  in  court  has 
a  fool  for  his  client." 

If  you  have  to  go  into  court  to  secure  your  rights,  remember 
that  all  the  information  that  The  Ready  Lawyer  furnishes  you, 
is  not  in  your  head,  and  that  the  part  ot  wisdom  is,  that  you  se- 
cure the  services  of  the  most  sensible,  practical,  and  learned  at- 
torney you  know,  to  be  your  right  hand  and  mouth-pece  ^Aer*?/ 
and  bear  in  mind  that  in  this,  as  in  all  other  practical  business  in 
life,  you  should  '''-never  put  off  till  to-morrow  what  ought  to  be 
done  to-day. '^^ 


INDEX. 


PAQir. 

ADJOURN,  neither  House  can  without  consent  of  the  other 11 

.iGE  of  Senators  in  Congress,  U.  S 10 

of  Representatives  in  Congress,  TJ.  S 9 

ALL  LEGISLATIVE  power  vested  in  Congress 8 

executive  power  vested  in  President 14 

judicial  power  vested  in  Superior  Court 16 

AMENDMENTS  to  Constitution,  how  made 18 

Congress  may  propose. . . , -  - . ■ 18 

not  to  deprive  any  State  of  equal  sufii-age  in  the  Senate 19 

subsequent  to  original 21-25 

BILLS,  for  raising  revenue  must  originate  where . .  11 

Senate  may  propose  amendments  to 11 

must  be  presented  to  the  President. 11 

vetoed  by  President  must  be  reconsidered 11 

become  law  if  not  returned  in  ten  days,  except 11 

certain  orders,  resolutions,  etc.,  to  be  treated  as 12 

of  attainder,  nor  ex  post  facto  law  to  be  passed 13 

CITIZENS  of  each  State  entitled  to  all  privileges  and  immunities  of  the  citi- 
zens of  the  several  States 18 

CONGRESS,  all  legislative  power  vested  in 8 

to  consist  of 8 

must  assemble,  how  often  and  when 10 

each  House  of,  must  keep  journal  of  proceedings 11 

powers  particularly  specified 12,  13 

has  exclusive  legislative  control  over  D.  C 13 

power  over  Territories  and  property  of  U.  S.,  not  to  prejudice  of  any  State  18 

to  declare  pimishment  for  treason IT 

to  prescribe  manner  of  proving  records,  judgments,  etc.,  of  States 17,  18 

not  to  establish  or  prohibit  any  religion 21 

not  to  abridge  freedom  of  speech  or  press 21 

not  to  quarter  soldiers  on  people  in  time  of  peace 21 

may  propose  amendments  to  Constitution,  when  and  how 18 

CONSTITUTION  of  U.  S 8-25 

preamble  to ° 

and  treaties  the  supreme  law 1^ 

Senators,  Representatives  and  all  judicial  officers  in  all  States  sworn  to 

support  it 

no  religious  test  to  be  required  to  hold  office  under  it 19 

not  to  be  construed  to  deny  or  disparage  rights  retained  by  the  people —  23 

42  C657) 


658 


INDEX  TO 


PAQB. 

CONSTITUTION  OF  U.  S.  powers  not  delegated  by  it  to  U.  S.  nor  prohibited 

to  States  retained  by  the  people 33 

how  amended .18 

how  ratified 19 

when  adopted  in  convention ■ 19 

EACH  HOUSE  must  keep  journal  of  proceedings 11 

ELECTION  of  Senators,  how  done 9 

of  Representatives 9,  34 

of  Senators  and  Representatives 10 

who  j  udge  of  qualifications  of 10 

of  President  and  Vice-President 14,  15,  33 

ELECTORS  of  President  and  Vice-President 14,  33 

where  to  meet  and  how  to  vote 33 

who  may  not  be 34 

votes,  where  and  by  whom  to  be  opened 33 

votes,  where  to  be  counted 33 

votes,  who  presides  at  counting  of. 23 

ENUMERATION  of  people,  when  taken 9 

EXECUTIVE  POWER,  in  whom  vested .14 

HABEAS  CORPUS,  right  of,  not  to  be  suspended  except 13 

HOUSE  OF  REPRESENTATIVES,  how  composed 9 

powers  of.   10,  11 

IMPEACHMENT^  sole  power  of,  where 9 

sole  power  to  try  where 10 

who  are  judges  in  cases  of 10 

judgment  and  effect  of 10 

who  presides  at  trial <> 10 

JUDICIAL  POWER,  where  vested 16 

jurisdiction  of. 17 

not  to  extend  to  certain  cases 23,  38 

MIGRATION  of  persons 13 

MONEY  not  to  be  drawn  but  according  to  law 13 

NEW  STATES,  admission  to  Union 18 

not  to  be  erected  within  the  jurisdiction  of  another 18 

not  to  be  formed  by  junction  of  two  or  more  States  without  consent  of 

Legislatures  and  Congress 18 

NO  bill  of  attainder  or  ex  post  facto  law  to  be  passed 13 

unequal  direct  tax 13 

tax  on  exports  from  one  State  to  another 13 

preference  to  be  given  to  ports  or  to  States —    •  13 

search  wan-ant  to  be  issued  except 21 

title  of  nobility  to  be  granted,  or  present  received  from  foreign  power 14 

State  to  make  treaty,  lay  duty,  or  engage  in  war  in  what  cases 14 

ORDERS,  resolutions,  etc.,  when  treated  as  bills 12 

POWERS  of  each  House. 10,  H 

of  Congi'ess  enumerated 18,  13 

of  States  limited 14 

and  duties  of  President IS 


CONSTrrUTION   OF   THE    UNITED    STATES.  659 

PAGE. 

POWERS  not  delegated  to  U.  S.  by  Constitution,  nor  prohibited  by  it  to  States, 

are  retained  by  tlie  people 23 

PEOPLE  to  be  secure  in  persons,  houses,  papers  and  effects,  against  unrea- 
sonable search 21 

PEOPLE,  no  search  warrant  to  be  issued  against  any  one  of,  except  on  oath 

describing,  etc 21 

PERSONS  not  to  be  held  for  capital  offense  or  infamous  crime  except  on 

information  or  indictment  by  grand  jury 21 

'nA)t  to  be  placed  iil  jeopardy  twice  for  the  same  offense.    22 

not  to  be  required  to  testify  against  themselves 22 

not  to  be  deprived  of  life,  liberty,  or  property,  except  by  due  process  of 

law 22 

accused,  to  enjoy  the  right  to  a  speedy  and  public  trial,  by  an  impartial 
jury ;  to  be  informed  of  the  nature  of  the  accusation,  and  to  be  con- 
fronted with  the  witnesses  against  them 22 

accused,  to  have  compulsory  process  for  witnesses  in  their  favor,  and 

counsel  for  their  defense » 22 

accused,  not  to  be  required  to  give  excessive  bail,  nor  to  have  excessive 

fines  imposed  against  them 22 

charged  with  crime  in  one  State,  if  found  in  another,  to  be  delivered  up 

on  requisition  of  the  Gov.  of  the«State  where  the  felony  was  committed  18 
legally  held  to  service  in  one  State  and  fleeing  to  another,  to  be  delivered 

up,  on  claim  of  the  party  to  whom  such  service  is  due 18 

PREAMBLE  to  Constitution  of  U.  S 8 

PRESIDENT,  who  may  be * 15 

who  may  be  Vice 15,  23 

how  long  to  hold  office 14 

and  Vice-President,  how  elected .14,  15,  23 

in  case  of  inability  to  act 15 

oath  or  affirmation  of 15,  16 

compensation  of,  how  provided ,  * 15 

powers  and  duties  of 16 

PRIVATE  PROPERTY,  not  to  be  taken  for  public  use,  without  just  com- 
pensation    22 

PUBLIC  DEBT  OF  TJ.  S.  not  to  be  questioned 25 

QUORUM,  in  Congress,  what  constitutes 10 

REPRESENTATIVES,  House  of,  how  composed 9 

how  apportioned 9,  23 

number  of 0 

vacancy,  how  filled 9 

choose  speaker 9 

House  of,  have  sole  power  of  impeachment 9 

compensation  of 9 

cannot  hold  certain  offices  when 9 

cannot  be  arrested  when 11 

RIGHT  of  trial  by  jury  reserved,  on  over  $20 22 

to  a  speedy  and  public  trial  by  an  impartial  jury,  elc.  [See  Persons  above]  22 
of  citizens  to  vote,  not  to  be  denied  or  abridged  on  account  of  color  or 

previous  condition  of  servitude 25 

RIGHTS  enumerated  in  the  Constitution  not  to  be  construed  to  deny  or 

impair  other  rights  retained  by  the  people 22 


660  INDEX  TO   CONSTITtrriON   OF  THE    UNITED    STATES. 

PASE. 

SENATE,  how  composed 9 

presiding  officer  of,  who  shall  be 10 

to  try  impeachments 10 

when  President  is  tried,  who  presides 10 

must  keep  journal  of  proceedings, 11 

SENATORS,  how  chosen 9 

who  may  be ^ 10 

compensation  of. 10 

cannot  hold  certain  offices  while  such 11 

cannot  be  arrested  when 11 

STATES  must  give  full  faith  to  public  acts,  records,  and  judicial  proceed- 
ings of  other  States 1''' 

NEW  [See  new  States  above] 

TAXES,  direct,  how  apportioned 9 

TREASON  against  U.  S.  defined 17 

how  persons  may  be  convicted  of 17 

Congress  to  declare  punishment  for ■  •  •  17 

UNITED  STATES  to  guarantee  to  every  State  a  republican  form  of  govern- 
ment; to  protect  each  from  invasion ;  and  on  application  of  Legisla- 
ture or  Executive,  from  domestic  violence 18 

nor  any  State  to  assume  payment  of  debt  incurred  by  insurrection  or 

rebellion  against  them 25 

vacancies  in  representation  from  any  State,  how  filled 9 


INDEX  TO  FORMS. 


PAGE. 
ABANDONMENT  of  homestead 451 

ACCOUNT,  filed  as  a  complaint 247 

complaints  on 247,  248 

stated,  complaint  on 299 

ACTIONS.     [See  Complaints.] 

for  divorce  and  findings  in 4158,  469 

ACKNOWLEDGMENT  of  vender  of  military  bounty  land  warrant 237 

of  assignee  of  military  bounty  land  warrant 237 

of  assignment  on  separate  paper 238 

of  assignment  by  administrator 238 

of  assignment  by  executor 239 

of  assignment  by  heirs  at  law 240 

of  assignment  by  guardian 240 

of  articles  of  incorporation 261 

by  notary 316 

statutory  in  California 452 

by  a  corporation 452 

by  a  married  wo  mn 452 

by  attorney  in  fact „ 453 

of  certificate  of  partnership 342 

ADDITIONAL  homestead  application 224 

homestead  aflidavit 224 

soldier's  homestead  application 225 

ADJOINING  FARM,  homestead  aflidavit.    [See  Affidavit.] 

ADMINISTRATOR,  petitions  of 238,  496,  497,  498, 499 

AFFIDAVIT  of  |500  improvement  on  mining  claim 97 

of  citizenship 99 

of  labor  done  on  mine,  Colorado, 120 

of  labor  done  on  mine,  Dakota 136 

for  obtaining  title  to  coal  land 15(5 

non-mineral  104 

on  purchase  of  coal  land I59 

on  application  for  United  States  public  land  pre-emption 212 

of  homestead  claimant  of  public  land 216 

of  final  homestead  of  public  land 218 

of  commuted  homestead  claimant 222 

of  adjoining  homestead  claimant 222 

of  additional  homestead  application , 224 

of  final  adjoining  claimant 223 

of  final  pre-emption  homestead 223 

(661) 


662  INDEX  TO   FOEMS. 

PAGE. 

AFFIDAVIT,  soldier's  additional  homestead 326 

timber-culture  application 228 

desert  land  declaration 230 

for  writ  of  attachment 250 

of  service  of  instrument 313 

of  minor  for  citizenship 445 

to  prove  intention 446 

proof  of  residence 446 

for  examining  debtor  after  execution 481 

on  knowledge  and  belief S52 

soldier's  homestead 226 

soldier's  additional  homestead 227 

Indian  and  coiToborating 227,  228 

AGREEMENT  of  publisher 96 

of  partnership 267 

of  removal  of  partnership 268 

landlord  to  tenant 827 

tenant  to  landlord, 328 

general  form  of. 343 

for  sale  and  delivery  of  personal  property , 343 

building  contract 344 

builder's  contract 503 

to  sell  land . .  345 

till  land  on  shares 347 

for  sale  of  trees,  vines,  etc 347 

to  sink  shaft  or  well 347 

ALLEGIANCE,  oath  of 446 

ALLOWANCE,  to  family ;   petition  for 497 

AMENDMENT,  of  specification  by  inventor 402 

AMERICAN  money.     [See  Table.] 

ANSWER  to  complainant  on  account  stated , .  299 

APPLICATION  to  purchase  coal  land  affidavit 156 

cash,  for  public  land ,  2IO 

for  homestead 216 

for  additional  homestead 324 

for  soldier's  homestead 325 

for  patent  on  mining  claim 92 

APPLICATION  for  patent.     [See  Petitions.] 

soldier's  homestead 225 

soldier's  additional  homestead 227 

timber  culture 238 

desert  land  declaration , 229 

of  individual  for  trade-mark 409 

of  corporation  for  trade-mark 410 

to  lay  out  roads 505,  506 

APOTHECARIES  WEIGHT.    [See  Table.] 

ARREST,  warrant  of  justice  of  the  peace 463 

warrant  of  coroner 303 

warrant  of,  indorsement  on 463 


INDEX  TO    FORMS.  663 

PAGB. 

ARTICLES  OF  INCORPORA.TION 201,477 

of  partnership.    307 

ASSAYER'S  WEIGHT.     [See  Table.] 

ASSIGNMENT  of  military  bounty  land  warrant 236 

of  military  bounty  land  warrant,  by  administrator 238 

of  military  bounty  land  warrant,  by  executor 239 

of  military  bounty  land  warrant,  by  heirs-at-law 239 

of  military  bounty  land  warrant,  by  guardian 240 

of  any  instrument 349,  507 

formal,  of  lease 507 

formal,  of  mortgage 349,  507 

of  dower 548 

by  debtor  for  benefit  of  creditors 350,  509 

of  debt,  formal 508 

of  mortgage,  as  security • 349 

ASSIGNMENT  of  an  invention 403 

of  letters  patent 404 

ATTACHMENT,  affidavit  for  in  justice's  court 250 

undertaking  for  writ  of 251 

justification  of  sureties  on 351 

writ  of,  in  justice's  court 353 

writ  of,  in  court  of  record 375 

sberiflf's  or  constable's  notice  of.  495 

ATTORNEY,  generalpower  of 479 

special  power  of. 478 

power  of  to  sell  mine ••  503 

power  to  locate  military  bounty  land  warrant 271 

power  to  sell  militaiy  bounty  land  warrant  271 

power  to  apply  for  mining  patent 100 

power  to  apply  after  failure  of  application 401 

power  revocation  of. 401 

ATTORNEYS  letters  to  debtors 651,  653 

BILL  for  divorce 468 

of  costs •• 493 

of  sale,  common 339 

of  sale  of  goods 353 

of  sale  of  horse  with  warranty 340 

of  exchange  and  bank  checks 358,  359 

of  exchange,  bond  against  double  payment 473 

BOND,  general  form  of 471 

of  indemnity 47~- 

BOND,  of  indemnity  against  double  payment  of  lost  instrument 473 

of  executors 474 

justification  of  sureties 454,  458,  473 

for  deed  of  mining  property 501 

bottomry '^'^^ 

accompanying  petition  in  insolvency 

BUILDER'S  CONTRACT 344,  503 

BY-LAWS  of  literary  association 47 


664:  INDEX   TO    FORMS. 

PAGE. 

CALIFORNIA,  official  oath  in. .   . .  460 

CASH,  application  for  public  land 210 

receipt  for  public  land 210 

certificate  for  public  land 210 

CASH-BOOK,  single  entry • 417 

CERTIFICATE,  of  posting  notice  on  mine  claim 96 

of  no  suit  pending 99 

cash  for  public  land 210 

final,  soldier's  homestead 227 

desert  land  231 

sheriff's  sale  of  real-estate 483 

sheriffs  sale  on  foreclosure 483 

coroner's,  of  death 303 

of  citizenship , 447 

of  record  of  judgment 454 

of  clerk,  to  official  character  and  signature 241,  458 

of  approval  of  bond 459 

of  partnership 342 

of  justice  to  judgment 464 

CERTIFICATES  OF  MARRIAGE 492 

CHATTEL  MORTGAGE,  with  power  to  sell 325 

CODICIL,  to  a  will 449 

COINAGE.    [See  Table.] 

COMPLAINT,  on  account,  filed  as  a 247 

on  account , 248 

for  merchandise  sold  and  delivered 271 

verified  by  book-keeper 272 

vs.  makers  and  indorser  of  note 273 

verification,  by  attorney 274 

on  account  for  goods  sold 248,211,  286 

on  promissory  note  vs.  maker 278 

on  foreclosure  of  mortgage 279 

in  ejectment 280 

on  claim  of  personal  property,  replevin 281 

affidavit  accompanying  last  above 282 

of  payee  of  bill  vs.  acceptor 283 

for  conversion  of  personal  property 284 

on  notes  with  divers  payments 284 

for  trespass  with  petition  for  injunction 287 

for  trespass  on  mining  claim  with  like  petitioner 289 

for  forcible  entry  and  detainer 291 

for  foreclosure  of  mechanic's  lien 292 

verification  of  same 294 

for  holding  over  after  rent  due 295,  296 

on  account  stated 298 

answer  to,  on  account  stated 299 

against  overseer  of  roads 505 

to  commissioners  of  roads 505 

demuiTers  to  civil. , 300 


INDEX  TO    FOKMS.  665 

FAOE. 

COMPLAINTS,  CRIMINAL,  larceny 460 

for  assault  and  battery 461 

charging  larceny 461 

charging  burglary • 463 

assault  to  commit  murder 462 

charging  murder 462 

charging  embezzle  against  officer 462 

charging  larceny  of  cattle 461 

charging  petit  larceny ^ 461 

charging  grand  larceny 461 

CONSTABLE'S  notice  of  attachment 495 

notice  of  sale — 256 

CONSTITUTION  of  literary  association 45 

COMMITMENT,  for  examination 463 

to  answer 463 

after  judgment 465 

COMPOSITION  with  creditors 475 

CORONER'S  certificate  of  death 302 

subpcEna ^02 

summons  to  juror 302 

warrant  of  arrest 303 

CORPORATION,  petition  in  insolvency 585 

CRIMINAL  COMPLAINTS.    [See  Complaints.] 

Dx\.Y-BOOKS,  single  entiy 416 

DECLARATION,  of  intention  to  become  citizen 445 

of  homestead 450 

DECLARATORY  STATEMENT,  for  coal  lands 157 

for  pre-emptions 211 

DECREE,  of  foreclosure  of  mortgage 455 

of  divorce ^"^^ 

DEBTOR,  order  of  court  to,  for  examination 482 

DEED,  quit-claim 315 

by  California  code 316 

warranty • 316 

of  trust  as  security 317 

of  trust,  common 320 

mining = 321 

DEMAND,  of  possession  of  leased  property 329 

DEMANDS,  release  of  all 501 

DEMURRER  to  complaints 300 

DEPOSITION,  desert  land,  final  proof 232 

of  witnesses 232 

DESERT  LAND,  declaration , 229 

affidavit 230 

DESERT  LAND,  certificate 231 

final  proof,  deposition  of  applicant •  •  •  232 

final  proof,  witnesses 232 

register  and  receiver,  final  receipt 232 

DESIGN,  petition  for  patent  of. 396 

DISCLAIMER,  after  issue  of  patent 402 

during  interference '*03 


666 


INDEX   TO   FORMS. 


PAGE 

DISSOLUTION,  notices  of,  by  partnership 269,  370 

DIVORCE,  bill  for 468 

findings  in 469 

decree  of 470 

DOCKET,  minutes  of  justice  of  the  peace 247,  254,  466 

DOWER,  assignment  of 548 

release  of. 548 

DUE  BILLS,  divers  forms 338 

ENGLISH  MONEY.  [See  Table.] 

liquid  measure 431 

dry  measure , . 431 

miscellaneous  weights,  etc 433 

EXECUTION,  justice's  court : 255,  357 

justice's  court  for  fees 256,  358 

justice's  court  in  Colorado 259 

court  of  record 493 

EXTENSION,  measures  of.  [See  Table.] 

FINAL,  affidavit  of  adjoining  homestead  claimant 323 

receipt,  homestead 221 

certificate  soldier's  homestead 327 

FINDINGS,  in  action  for  divorce 469 

FRENCH  money.    [See  Table.] 

weights  and  measures.  [See  Table.] 

GOLD  AND  SILVER,  value  compared.   [See  Table.] 

HABEAS  CORPUS,  petition  for  writ  of..^ 467 

verification  of  writ 467 

HERSCHEL'S  WEATHER  TABLE 433 

HOMESTEAD,  declaration  of 450 

abandonment  of 451 

application  for,  on  public  lands 216 

affidavit  for,  on  public  lands 216 

receiver's  receipt  for 217 

notice  of  intent  to  make  final  proof 217 

proof  of  publication  of  notice 217 

proof  of  publication  of  consolidated 318 

proof  of  affidavit 218 

proof  of  testimony  of  claimant 219 

proof  of  testimony  of  witness 220 

receiver's  final  receipt 231 

receiver's  final  certificate 221 

commuted  affidavit 223 

adjoining  farm  affidavit 332 

final  affidavit 223 

pre-emption  final  affidavit 233 

additional  affidavit 324 

soldier's  declaration  and  application  for 225 

soldier's  affidavit 226 

soldier's  final  certificate 237 

Indian  affidavit .  337 

Indian  corroborative  afficlavit 2'28 

petition  to  court  to  set  apart 496 


INDEX   TO   FOKMS.  667 

PAGE. 

mcORPORATION,  articles  of. 261,  477 

INDICTMENT,  assault  with  intent  to  kill 484 

form  under  code 'iSS 

assault  and  battery 485 

murder 488,  489 

INDORSEMENT  of  service  on  warrant 463 

INDEMNITY,  bond  to  officer 472 

to  payer  of  lost  instrument • 473 

INJUNCTION,  petition  for 287,  289 

order  for 289 

undertaking  for '. 457 

INTEREST,  rule  for  computing  on  note  when  divers  payments  were  made. .  335 

table  of  rates  in  all  States ^23 

JUSTICE'S  COURT,  complaints  in 247,  248,  291,  295,  296,  298 

summons 249,  254,  255,  257 

affidavit  for  writ  of  attachment 250 

writ  of  attachment 250,  253 

execution 255-258 

execution  for  fees. 255-258 

execution  in  Colorado - 259 

judgment  in  civil  case 254 

judgment  in  criminal 464 

judgment,  fine  and  imprisonment. 464 

JUSTIFICATION  of  sureties 254,  458,  473 

JUDGMENT  by  default 254,  453 

by  court  without  jury.. 454 

of  fine  and  imprisonment 464 

on  verdict  of  jury - 455 

JUROR,  summons  to , 254,  257,  303 

JOINT  AND  SEVERAL  note 337 

KEEPING  BOOKS  of  account  divers ,,.,.. 416 

LABELS  AND  PRINTS,  petition  to  register 409,  410 

LAWS  OP  STATES  limiting  actions 623 

LEDGER  by  single  entry • 417 

LEASE,  common 326 

assignment  of. 439,  507 

of  furniture  and  other  personal  property 329 

of  furniture,  etc.,  with  privilege  of  purchase 330 

agreement,  landlord  to  tenant. 327 

agreement,  tenant  to  landlord •  •  328 

LETTERS  from  attorney  to  debtors 651,  653 

LETTER,  sending  money  and  ordering  goods 339 

LICENSE,  shop  right  to  patent 406 

of  patent  with  royalty 406 

LIEN  of  mechanic  as  laborer 300 

mechanic's,  as  contractor 309 

mechanic's,  as  materialman 311 

miner's,  for  labor 304 

LITERARY  ASSOCIATION,  constitution 45 

by-laws 47 

LIMITATION  of  actions,  State  laws 623 


^^S  INDEX   TO   FOKMS. 

FAGS. 

LONG  MEASURE,  [See  Table,  Extension.] 

MARRIAGES,  divers  forms  of  ceremony 491,  493 

certificates  of. 492 

MINING  DEED 321 

property,  power  to  sell 503 

MEASURES  of  capacity,  weight,  etc.    [See  Table.] 

MEDICAL,  divisona  of  gallon.  [See  Table.] 

MILITARY  bounty  land  warrants.    [See  Acknowledgments,  Assignments  and 
Warrants.] 

MORTGAGE,  short  form 323 

long  form 323 

chattel 335 

decree  of  foreclosure  on 455 

MINOR,  affidavit  for  citizenship 445 

MINUTE  DOCKET  of  justice  of  the  peace 466 

MISCELLANEOUS  weights,  etc.  of  U.  S.    [See  Table.] 

MONEY  of  U.  S.,  England  and  France.  [See  Table.]  . 

NOTARY,  forms  of  protest  by  357,  480 

best  form  given 480 

notice  of  protest 481 

NOTICE,  divers,  of  locating  mining  claim 91, 106,  107 

of  locating  a  spring .  107 

of  locating  water  right  108,  109 

to  delinquent  co-owner  in  mine 109 

of  making  final  pre-emption  proof 317 

for  publication  of  pre-emption  proof 217 

for  publication  of  pre-emption  consolidated 218 

certificate  of  posting 318 

of  dissolution  of  partnership 3G9,  370 

of  raising  rent 328 

of  non-payment  to  indorser 357 

of  protest  of  bill  of  exchange 481 

of  sheriff  and  constable  of  attachment. 495 

NON-MINERAL  affidavit 104 

NOTE  PROMISSORY,  not  negotiable 336 

negotiable  by  indorsement 336 

negotiable  without  indorsement 336 

-  bearing  interest  after  maturity 337 

bearing  interest  from  date 337 

NOTES  PROMISSORY  in  Pennsylvania,  New  Jersey  and  Missouri 337 

payable  at  particular  place 337 

joint  and  several 337 

bond  against  double  payment  of 473 

OATH,  of  allegiance  to  U.  8 446 

official  in  California 460 

official  in  Nevada 459 

by  sole  inventor 398 

by  sole  inventor  as  to  patenting  ab'd 398 

by  sole  inventor  for  re-issue  of  patent 399 

by  assignee  for  re-issue  of  patent 399 


INDEX  TO  FORMS.  669: 

PAGE. 

OATH  supplemental  for  enlarged  claim 400 

as  to  loss  of  patent 400 

as  to  loss  of  patent  by  administrator.. .  c 401 

ORDER  of  court  for  debtor  to  appear 482 

of  commissioners  to  lay  out  road 505 

for  money ^^ 

for  suit  of  clothes ° ^^ 

for  cattle ^^^ 

PAPER.    [See  Table.] 

PARTNERSHIP,  articles  of • 267 

renewal  of -^"^ 

notices  of  dissolution  of 269,  270 

PETITION  for  writ  of  habeas  corpus 467 

verification  of  above 467 

for  letters  of  administration 496 

to  set  apart  homestead ^^^ 

for  family  allowance 497 

for  support  of  family 498 

for  sale  of  personal  property •    •  498 

for  distribution  of  estate 499 

for  appointment  of  guardian 500 

to  lay  outnew  road 505,  506 

to  change  line  of  road 505 

for  sole  trader 552 

verification  of  above 552 

by  debtor  in  insolvency 581 

by  corporation '^°*' 

authority  to  file 584 

bond  accompanying  above 586 

by  creditors  of  insolvent 584 

verification  of ^^^ 

to  Governor  for  pardon  of  convict 3o3 

for  appointment  of  policeman  354 

to  Postmaster-General  for  new  post-oflace,  etc 354 

by  sole  inventor  of  patent 387 

by  joint  inventors  of  patent •  •  •  388 

by  inventor  and  assignee 388 

with  power  of  attorney 388 

by  an  administrator ■  •  • ^^^ 

by  an  executor '^-^ 

for  re-issue  of  patent  by  inventor 389 

for  re-issue  of  patent  by  assignee -^^^ 

for  a  caveat ^^^ 

for  a  design ^^^ 

for  renewal  of  application •  •  •  390 

POWER  OF  ATTORNEY  to  apply  for  mining  patent 100 

to  sell,  and  locate  military  bounty  land  warrant 241 

after  application  for  patent  filed •. '*01 

revocation  of 


670  INDEX  TO    FORMS. 

PAQB. 

POWER  OP  ATTORNEY,  special 478 

general = 479 

to  sell  mining  property •  •  502 

PROMISSORY  NOTES.    [See  Notes  Promissory.] 

PROOF  of  posting  notice  and  diagram 94 

that  plat  and  diagram  remained  posted 95 

of  publication  of  notice 97 

of  ownership  when  records  are  lost 98 

that  no  known  veins  exist 105 

of  labor  done  on  mine  in  Colorado 120 

of  labor  done  on  mine  in  Dakota 136 

of  |500  expended  on  claim 97 

of  pre-emption , 212 

PROTEST  of  bill  of  execution  or  note 357,  480 

notice  of 481 

PRE-EMPTION,  proof  by  claimant 312 

proof  by  witness 214 

PRINTS  AND  LABELS.    [See  Labels.] 

RECEIPT,  of  common  carrier 541 

divers  forms  of 338,  339,  341,  351 

receiver's  timber  culture 229 

receiver's  final  for  desert  land. 232 

REGISTER'S  certificate  of  posting  notice  sixty  days 96 

final  receipt  for  desert  land 232 

RELEASE  of  all  demands 501 

of  dower 331 

RENEWAL  of  partnership 268 

REQUEST,  for  survey 92 

RULE  for  computing  interest  on  note  with  divers  payments 335 

SHERIFF'S  certificate  of  sale  on  foreclosure 483 

certificate  of  sale 483 

notice  of  attachment 495 

SOLDIER'S  homestead  application 225 

homestead  declaration 225 

homestead  affidavit 226 

additional  application 226 

final  certificate 227 

SUMMONS,  justice's  court 249,  254 

of  juror 255,  257 

in  court  of  record 274 

of  coroner 302 

SURETIES,  justification  of 251,  255,  458,  473 

SURVEY,  request  for 92 

SURVEYOR'S  measure.     [See  Table.] 

SPECIFICATION,  for  an  art  or  process 391 

amendment  of  by  inventor 402 


INDEX  TO   FORMS.  671 

PAGE. 

SPECIFICATION  for  a  machine , 393 

for  composition  of  matter 395 

for  a  design 396 

for  a  caveat 397 

STATEMENT  and  charge  of  fees 97 

STATE  laws  limiting  actions 623 

TIMBER  AND  STONE  lands,  sworn  statement 233 

TIMBER  and  stone  lands 233 

TIMBER  CULTURE,  application,  certificate  and  affidavit.. 228 

TABLE  of  American  money 418 

of  parliamentary  rules. 41 

of  State  laws  limiting  actions 6?2 

of  State  laws  regulating  interest 223 

of  English  money 424 

of  French  money 424 

of  liquid  and  dry  measure 419 

of  beer  measure 419 

of  measure  of  length 421 

of  measure  of  surface 421 

of  surveyor's  measure 421 

of  Gunther's  chain 421 

of  measure  of  time 421 

of  measure  of  angles  (circles) 422 

of  avoirdupois  weight 419 

of  avoirdupois  English  long  weight 420 

of  Troy  weight 419 

of  assayer's  weight 424 

of  apothecaries  weight 425 

of  diamond  weight 424 

of  waste  in  coinage 423 

of  mint  values 422 

of  mint  regulations 423 

of  medical  divisions  of  gallon 425 

of  State  weights  of  bushel. 426 

of  U.  S.  standard  per  bushel 427 

of  U.  S.  miscellaneous  weights 427 

of  book  measure 426 

of  units 426 

of  paper  measure 420 

of  iron  and  lead,  English 427 

Herschel's  weather. , 433 

of  French  measure  of  extension 429 

of  French  measure  of  land 429 

of  French  measure  of  surfaces 429 

of  French  measure  of  solids 430 

of  French  measure  of  capacity 430 

of  equivalents  in  U.  S.  measure     430 

of  French  measure  of  weight 431 

of  equivalents  in  U.  S.  weight 431 

of  English  liquid  measure ■•  •  •  431 


672 


INDEX   TO   FORMS. 


PAGE. 

TABLE  of  English  dry  measure 431 

of  English  particular  weights. .  .• 433 

of  English  measure  of  extension 432 

of  miscellaneous  weights 433 

of  differences  in  time  from  Denver , 434 

of  limitations  of  actions  in  all  States 622 

of  interest  and  usury  in  all  States 633 

TRADE  MARK,  petition  by  cerporation 410 

petition  by  individual 409 

UNDERTAKING  for  writ  of  attachment 251 

to  prevent  levy  of  attachment 253 

for  release  of  attachment 254 

for  injunction 457 

VERDICT,  judgment  on  in  open  court 300 

of  coroner's  jury,  murder 301 

of  coroner's  jury,  suicide 301 

of  coroner's  jury,  accidental  death 301 

VERIFICATION.    See  complaints  and 248,  271 

by  book-keeper 373 

by  attorney 274 

of  petition §52 

of  insolvent's  petition 586 

WARRANT  of  arrest  by  magistrate 463 

of  arrest  by  coroner 303 

indorsement  of  sei'vice  on 463 

military  bounty.    [See  Assignments.] 

WEIGHTS  AND  MEASURES.    [See  Table.] 

WILL,  short  form  of 448 

of  Senator  Geo.  F.  Baker 450 

codicil  to  a 449 

WRIT  of  attachment.    [See  Attachment.] 

summoning  jurors,  justice  of  the  peace 2S4,  257 

summoning  jurors,  coroner 803 

of  restitution  in  New  Mexico  ... 259 


GENERAL   INDEX. 


ABANDONMENT  of  homestead.    [See  Forms.] 

ABSTRACTS  of  State,  Territorial  and  Dominion  laws  relating  to  wills,  in- 
solvency and  assignments,  alphabetically  arranged 566-581 

of  requisites  of  deeds  in  above 608-620 

of  rights  of  married  women  in  same 552-5G3 

of  exemptions  from  attachment  and  execution  in 588-607 

ACCOUNTS,  open,  mutual  and  current 623,  624 

books  of,  illustrated 413-418 

uled  as  complaints.    [See  Forms.] 
ACKNOWLEDGMENTS.    [See  Forms.] 

general  rule  of,  by  husband  and  wife 621 

ACT,  mining,  not  applied  to  certain  States 57,  58 

ADAMS,  JOHN,  second  President 35,  26 

ADAMS,  JOHN  QUINCY,  sixth  President 28 

ADVERSE  CLAIM,  proceedings  on 51,  72,  75 

ADMINISTRATOR,  who  may  be 546 

[For  petitions  of,  see  Forms.] 

AFFIDAVIT,  before  whom  made ■. , 55 

what  is  an 352 

[For  forms  of,  see  Forms.] 

AGREEMENTS,  what  are = 343 

requisites  of 343,  361 

laws  relating  to 360,  361,  634^636 

[For  forms  of,  see  Forms.] 

object  of  forms  given 349 

must  be  recorded  when.    345 

how  courts  will  construe 345 

should  be  drawn  how 360 

consideration  necessary  for 360,  361 

erasures  and  interlineations  in 360 

measure  of  damages  for  breach  of 360,  361 

when  certain  expire 361 

effect  of  fraud  in 3G0 

may  be  inartistic  yet  valid 360 

can  not  be  rescinded  except  when 360 

in  pencil  valid,  but  dangerous 360 

each  party  to  should  have  copy  of. 360 

when  void 361 

43  (673) 


674  GENERAL   INDEX. 

PAGE. 

AGREEMENTS,  signatures  to 413 

term  of,  should  be  stated 413 

seals  to 413 

fraudulent ' 634,  636 

AGENCY  and  attorney 636,  637 

ANSWERS,  see  Forms  and 271 

ARTHUR,  CHESTER  A.,  twenty-flrst  President 34 

ARIZONA,  mining  laws 112,  113 

deeds,  married  women,  and  liens 625 

exemptions.    [See  Abstracts.] 

ARREST  by  private  person 489 

warrant  of.     [See  Forms.] 

ARTICLES  OF  INCORPORATION.     [See  Forms.] 
of  partnership.    [See  Forms.] 

ASSAULT,  definition  of 484 

indictment  for 485 

complaint  for.     [See  Forms.] 

ASSAYER'S  WEIGHT.    [See  Forms.] 

ASSIGNMENT,  what  is  an ' 544 

when  void 544 

may  be  made  for  what  purpose 544 

effect  of  certain  reservations  in 544 

what  should  be  done  with  certain 544 

when  held  as  fraudulent' 544 

[For  forms  of,  see  Forms.] 

ATTACHMENT,  what  is  an 588 

not  valid  when )88 

how  levied  on  property 588 

[For  forms  of  affidavit  and  writ,  see  Forms.] 

[For  exemptions  from  in  all  States,  etc.,  see  Abstracts.] 

AVOIRDUPOIS  WEIGHT,  history  of 420 

[See  Forms.] 

ATTORNEYS,  young,  suggestions  to 642-649 

ATTORNEY.     [For  power  of,  see  Forms.] 

BUCHANAN,  JAMES,  fifteenth  President 31 

BANK  CHECK,  should  be  presented  when 357 

when  a  fraud 337 

holder  entitled  to  face  of 357 

BILL  OF  EXCHANGE,  what  is  a 355 

laws  relating  to 356,  357 

name  of  parties  to 356 

protest  of 356 

effect  of  alterations  in 357 

[For  protesting,  see  Forms.] 

[For  bond  against  double  payment,  see  Forms.] 

how  made  payable •.    356 

how  accepted 356 


GENERAL  INDEX.-  675 

PAGE. 

BILL  OF  EXCHANGE.effect  of  acceptance 35(5 

when  drawn  at  sight 356 

must  be  presented  when 356 

acceptance  by  drawee  when 356 

if  acceptance  refused,  what 356 

days  of  grace  on,  where 356 

at  sight,  when  payable ^ 356 

if  not  paid,  what 35^ 

surety  for  on  note,  what 356 

or  note  made  by  one  out  of  the  State    357 

must  be  presented  where 357 

For  form  of,  see  Forms,  also 357 

BOOK-KEEPING,  legal  objects  explained 413 

methods  of,  used 413 

method  given 413 

why  law  and  illustrations  are  given 416,  417 

BOOKS  of  account,  when  legal  evidence 413 

required  for  single  entry 413 

BOOK  MEASURE > 426 

BOND.whatisa 543 

given  to  effect  fraud 543 

names  of  parties  to 543 

penal  sum  in 544 

[For  forms  of,  see  Forms.] 

BOUNTY  LAWS,  synopsis  of. 533 

BUILDER'S  CONTRACT,  see  Forms,  also 503 

BURGLARY,  definition  of 480 

for  charging  in  complaint 463 

CASH  BOOK,  should  contain  what 415 

CALIFORNIA,  water  rights,  miner's  inch,  etc 113 

[For  official  oath  see  Forms.] 

CERTIFICATES.     [See  Forms  and  Public  Lands.] 

CONTRACTS  and  conveyances,  fraudulent •  -634,  636 

[See  Agreements.] 

COLORADO,  mining  laws 117-133 

affidavit  of  labor  done 1~*^ 


taxes  on  mines. 


124 

penal  provisions  in  certain  cases 125-12  7 

drainage  of  mines  in 12 1 -129 

laws  concerning  ores •   1~" 

water  rights  and  miner's  inch 131 

mining  claims,  real  estate 132 

CONFUCIUS'  RULE 1 

CONTRACTS.     [See  Agreements.  ] 

CONSTITUTION  OF  THE  UNITED  STATES 8-25 

literary  society ^5,    46 


676  GENERAL  INDEX. 

PAGE. 

COAL  LA.ND,  law  and  regulations 153,  160 

who  may  locate  and  how  much 153 

how  to  locate,  and  obtain  patent 153,  153 

affidavits  of  party  asking  patent 156,  157,  159 

declaratoiy  statement  for 157 

CODICIL  to  a  will,  see  Forms,  also , 449 

CONVEYANCES  and  contracts,  fraudulent 634,  636 

[See  Forms.] 

COPYRIGHTS,  how  secured 410,  413 

CORPORATIONS  and  co-partnerships 260-370 

how  formed 43,  47,  360,  361,  476 

[For  forms,  see  Forms.] 

CO-PARTNERSHIPS,  laws  relating  to 363,  267 

what  are 283 

termination  of „ 265 

liquidation  of 266 

articles  and  dissolution  of.    [See  Forms.] 

CORONER'S  verdicts,  warrants,  etc 301,  803 

COMPLAINTS,  what  are 271 

manner  of  charging  certain  offenses  in 277,  461,  463 

manner  of  charging  causes 376   277 

[For  forms,  see  Forms.] 

COMMERCIAL  and  business  regulations  and  forms 333,  361 

laws  and  definitions 333-335 

rule  for  computing  interest  on  notes , 335,  336 

COMPARATIVE  VALUES  of  gold  and  silver 425 

COMPOSITION  WITH  CREDITORS 475 

[For  forms  of,  see  Forms.] 

COMMITMENTS.    [See  Forms.] 

COMMON  CARRIERS  defined 535 

must  provide  what 535 

names  of  persons  and  things  relating  to. 535 

of  freight,  diligence  required 535 

where  must  deliver  freight ,   535 

freight  liable  to  for  its  carriage 536,  539 

consignee  liable  for  when 53g 

what  they  must  carry 53(j 

may  give  preference  when 536 

of  persons  must  provide  what 536 

when  passengers  refuse  to  pay 536 

have  lien  on  baggage  of  passenger  vrlien 536 

of  messages  by  telegraph 536 

of  messages,  must  send  when , 536 

of  telegrams,  must  follow  what  order '. 537 

of  telegrams,  when  liable  for  damages 537 

liable  for  acts  of  willful  negligence 537 

liable,  for  what,  when  and  how  held 537 

liable  for  their  agents  and  employes 538 

must  receive  what,  and  when 538 


GENERAL  INDEX.  677 

PAOB. 

COMMON  CARRIERS,  when  liable  and  when  not 538 

when  liable  for  loses  by  storage 539 

when  notices  will  exempt  from  liability 5'39 

carrying  without  notice 539 

not  delivering,  must  show  what 539 

power  of,  over  goods  carried 540 

losses  by  water,  how  shared 540 

may  demand  freight  or  passage  when ....  540 

waiver  of  demanding  pay 540 

special  notices  in  New  York  and  Ohio 540 

must  carry  passengers  how 540 

must  provide  what  conveyance 541 

rash  and  careless  conductors ^ 541 

receipt , ^41 

laws  required  concerning 541 

CARRIERS,  PRIVATE  must  exercise  what  diligence 541 

CARRIERS,  COMMON.     [See  Common  Carriers.] 

private,  warehousemen,  wharfingers,  etc 540 

CORPORATIONS,  how  formed 476 

[For  forms,  see  Forms.] 

CHATTEL  MORTGAGE,  in  Nevada 326 

[For  forms,  see  Forms.] 

DAY-BOOK,  should  be  commenced  how 414 

should  contain  what 414 

how  to  determine  who  is  debtor  or  creditor 414 

how  to  correct  errors  in  and  why 414 

[For  forms  of,  see  Forms.] 

DAKOTA,  mining  laws  1^3,  137 

mining  claims,  how  located ^^4 

affidavits  of  labor  done 1^^ 

deeds,  married  women  and  liens 636 

DECLARATORY  STATEMENT  for  coal  land 157 

[For  homestead  and  pre-emption  of  public  lands,  see  Form^.] 

DEED,  what  is  a ^^'^ 

must  have  a  consideration  for 314 

fee  simple,  warranty,  quit  claim,  trust 314 

mortsage,  a  conditional 314 

requisites  of  a "^^"^ 

must  be  recorded *''-"* 

requirements  of  in  all  States,  etc.     [See  Abstracts  of  Deeds,  etc.] 
[For  forms  of,  see  Forms.] 

abstracts  of  requisites  of,  in  States,  Territories  and  Dominion  of  Canada 
608,  620 

general  rules  for  execution  of • 621 

general  rules  for  acknowledgment  by  husband  and  wife 621 

[For  acknowledgments,  see  Forms.] 

DEMURRERS,  what  are ^"^^ 

[For  forms  of,  see  Forms.] 


678  GENERAL  INDEX. 

FAOX 

DEMUR,  when  parties  may 299 

causes  for  demurrer 300 

DEPOSITION,  what  is  a 352,  359 

[For  fornas  of,  see  Forms.] 

DOLLAR,  origin  of 418 

DECLARATION  of  homestead.     [See  Forms.] 

to  become  a  citizen.     [See  Forms,] 
DECREE.     [See  Forms.] 
DIVORCE,  certain  causes  for 468 

bill,  findings,  decree,  etc.    [See  Forms.] 
DIAMOND  WEIGHT.     [See  Forms.] 
DOWER,  what  is 547 

when  widow  may  elect 547 

assignment  of 547 

how  relinquished 547 

[For  assignment  of,  etc.,  see  Forms.] 
EJECTMENT.     [For  complaints  in,  see  Forms.] 

ENGLISH  MONEY.    See  Forms,  also  history 424 

EXECUTOR  should  present  will  to  court  when 546 

requirements  for 546 

EXEMPTIONS,  in  all  States,  etc.,  from  attachment  and  execution.     [See 

Abstracts  of.] 

EXECUTION,  what  is  an 588 

how  levied  on  property 588 

[For  forms  of,  see  Forms.] 
EXAMINATION  of  debtor,  affidavit  for 481 

of  debtor,  order  of  court  for 482 

FILLMORE,  MILLARD,  thirteenth  President 31 

FORMING  SOCIETIES,  corporations,  etc 42-47 

FINAL  claim 49 

certificates.     [See  Forms  and  Public  Lands.] 
FINDINGS.     [See  Forms.] 

FLAGSTAFF  mine,  supreme  court  decision 90 

FORMS  of  complaints,  writs,  etc.    [See  Forms.] 

FORM  of  action,  technical* words  used  in  complaint 276,  277 

FRAUDULENT  CONVEYANCES  AND   CONTRACTS 634,  636 

FRENCH  money  and  measures,  see  Forms  and 424 

FOREIGN  POSTAGE 439 

FORMS.     [See  Index  to  Forms.] 

GOLDEN  RULE 1 

GRANT,  ULYSSES  S.,  eighteenth  President 32,     38 

GARFIELD,  JAMES  ABRAM,  twentieth  President 33,    34 

GOOD  MANNERS  and  good  company 653,  654 

GOLD  AND  SILVER,  standard  value  of 418 

comparative  value  of 425 


GENERAL  INDEX.  679 

PAGE. 

HABEA.S  CORPUS....- ••• 466,468 

persons  confined  can  have  writ.     [For  forms,  see  Forms.] 

HARRISON,  WM.  HENRY,  ninth  President 29,    CO 

HAYES,  RUTHERFORD  B.,  nineteenth  President 33 

HOMESEADS  on  mineral  lands 5G 

on  public  lands.     [See  Public  Lands.] 
soldiers.     [See  Public  Lands.] 
declaration  of.     [See  Forms.] 

HEARINGS  to  establish  character  of  lands 81-86 

HERSCHELL'S  WEATHER  TABLE 433 

HIGHWAYS.    See  Forms,  also 505 

HOTEL  KEEPERS,  rights  and  liabilities 489,  491 

HUSBAND  AND  WIFE,  legal  relations  of.  549,  551 

marriage  contract  between 549 

HUSBAND,  head  of  the  family 549 

may  convey  property  to  wife,  how 547 

HUSBAND  and  wife,  interest  in  separate  estate 549 

can  not  alter  their  relations  as 550 

may  agree  to  separate,  how ^ 550 

property  of  wife 550 

property  of  husband 550 

separate  property  of  wife,  how  held 550 

separate  property  of  husband 550 

wife  can  not  make  money  contracts 550 

earnings  of  wife 550 

separate  estate  of  each  not  liable  for  other,  when 551 

who  controls  property 551 

right  of  wife  to  support •  •  551 

when  wife  must  support  husband 551 

marriage  settlements,  requirements  of 551 

HOMESTEAD,  what  is  and  who  may  have 607 

on  public  land,  how  gained C07,  608 

[On  public  land,  see  Public  Lands.] 

on  railroad  lands 242,  243 

[Declaration  of,  see  Forms.] 

INTEMPERANCE,  law  of  illustrated 633-640 

INTRODUCTION  1-3 

INDEPENDENCE,  Declaration  of 3-7 

INSTRUCTIONS  of  Land  Commissioner  and  Secretary  of  Interior 60-86 

IDAHO,  mining  laws 137,  138 

miner's  lien  in 137 

deeds,  married  women,  liens 627,  628 

INCORPORATION,  articles  of. 44,  261,  477 

IRON  and  lead 427 

INSOLVENCY.    [See  Abstracts  and  Forms.] 

INTEREST,  rates  of  in  all  States  and  Territories 623 


680  GENERAL  INDEX. 

PAGE. 

JEFFERSON,  THOMAS,  third  President 26,  27 

JACKSON,  ANDREW,  seventh  President 28,  29 

JOHNSON,  ANDREW,  seventeenth  President 33 

JUDGMENT.     [See  Forms.] 

JUSTIFICATION  OF  SURETIES.     [See  Forms.] 

JUSTINIAN,  rule  of 1 

KEEPING  BOOKS,  objects  explained 413,  415 

method  illustrated 416,  417 

LAW,  what  is 33 

municipal  may  be  defined,  how ...     35 

statutory,  how  made 35-47 

concerning  public  lands 170-210 

of  temperance  and  intemperance  illustrated 638-642 

LABOR  and  improvements  on  claims 50,  58 

done,  affidavit  in  Colorado 120 

done,  affidavit  in  Dakota 

LEASE,  what  is  a 326 

must  be  recorded  when 326,  327 

LEGISLATURE,  how  composed 36 

LEGAL  proceedings  exemplified 246-259 

LINCOLN,  ABRAHAM,  sixteenth  President 31,  3T 

LITERARY  ASSOCIATION,  constitution,  etc 45,  46 

by-laws  of 46 

order  of  business 46 

LAND  DISTRICTS,  President  may  establish 57 

offlcesof 233 

LANDS,  PUBLIC 161-210 

LAND-OFFICE  forms.     [See  Forms,] 

LANDLORD,  who  Is  a 326 

LEDGER,  should  be  kept  how 414 

when  all  accounts  may  be  kept  in  form  of 415 

LETTERS,  from  attorney  to  debtors 651,  652 

patent.    [See  Forms.] 

LIENS,  what  are 304 

mechanic's,  miner's,  etc 304,  813 

[For  forms  of,  see  Forms.] 

must  be  recorded  and  foreclosed 306 

in  Nevada  and  California 308,  309 

must  be  filed,  when 307,  309 

must  allege  what 307,  308,  314 

filed  against  two  buildings 309 

LARCENY,  definition  of 488 

[Manner  of  charging,  see  Forms.] 
[Complaint  for,  see  Forms.] 

LEGAL  FORMS.    [See  Forms.] 


GENERAL  INDEX.  681 

PAGE. 

LONG  MEASURE.    [See  Forms.] 

LIMITATION  OF  ACTIONS  in  all  States,  etc 622 

MADISON,  JAMES,  fourth  President 27 

MONROE,  JAMES,  fifth  President 27,  28 

MINING  LAWS  aud  regulations  of  U.  S 48-90 

act  of  May  10,  1872 48 

act  of  Arizona 112.  113 

act  of  California 113-117 

act  of  Colorado 117-133 

act  of  Dakota 133-137 

act  of  Idaho , 137,138 

act  of  Montana 138-140 

act  of  Nevada 140 

act  of  New  Mexico 141, 142 

act  of  Oregon 142-145 

act  of  Utah 146-148 

act  of  Wyoming 148-151 

MINING  CLAIM,  extent  limited 48 

how  lines  must  be 48 

who  may  locate 48 

rights  of  locators 49 

how  located  and  held 50 

patent  for,  how  obtained    50,  51,  68,  72 

adverse  proceedings 51,  52 

survey  of,  who  may  make 54 

[For  locating,  see  Forms.] 

lodes  intersecting 55 

MINING  LAWS,  act  of  1866 87 

act  of  1870 88 

MINES,  Legislatures  may  make  laws  respecting,  when 56 

agricultural  lands  contiguous  to 56 

MILL  PURPOSES,  land  for 55 

MINERAL  DEPOSITS,  subject  to  location 48 

lands  open  to  exploration  and  purchase .48-60 

5HINI NG  PURPOSES,  water  rights  for 56 

forms.     See  Forms,  also 91-109 

MILL-SITES,  to  secure 55,  77,  78 

MEASURES  AND  WEIGHTS.    [See  Forms.] 

MINT  VALUES ...   422 

regulations 423 

charges  on  silver  deposits 423 

waste  in  coinage 423 

MEDICAL  divisions  of  gallon 425 

METRIC  SYSTEM  of  weights  and  measures 428-431 

act  of  Congress  relating  to 428 

[See  Forms.] 


682  GENERAL  INDEX. 


MISCELLANEOUS  measures  and  weights 427,  433 

MAIL  MATTER,  should  be  addressed  how „ 434 

rates  of  postage  on 435 

permissible  writing  on 435 

rates  on,  to  Canada  and  other  foreign  countries 436,  439 

not  carried  as 436 

in  packages,  weighing  of. 436 

re-forwarding  of 436 

letters 437 

bulk,  local,  and  county 437 

general  information  concerning 440,  442 

MAILABLE  MATTER,  first,  second  and  third  class 438 

fourth  class 439 

MONEY  ORDERS,  postal,  full  explanation 439-441 

MANSLAUGHTER  defined 488 

MURDER  defined 488,  489 

[For  indictments  under  code  see  Forms.] 

MARRIAGE,  a  civil  contract 491 

parties  to 49I 

ceremony  required 49I 

persons  officiatin?  at 49I 

[For  forms  and  certificates  of,  see  Forms.] 

MINORS,  liabilities  of 542 

who  are .f)42 

contracts,  when  void,  and  voidable 542 

can  not  deny  their  own  fraud , 542 

fathers  liable  for  when ,   542 

MARRIAGE  settlements,  requisites  of. 55I 

when  minor  may  make 55I 

MARRIED  WOMEN.     [See  Abstracts  of  State  Laws  relating  to,  also  Terri- 
tories, alphabetically  arranged.] 

may  become  sole  trader 55I 

may  secure  estate  how ■ . . 547 

MONTANA  mining  laws 138-140 

mining  claims,  how  secured 138,  139 

mining  notices,  etc.,  protected 1,39 

deeds,  married  women  and  liens 629 

MORTGAGE,  what  is  a 563 

names  of  parties  to 563 

requisites  and  effect  of 564 

redemption  under .  554 

general  stipulations  in 5(;4  ^  565 

improving  mortgaged  property 565 

how  discharged  5(55 

must  be  recorded 314   322 

[For  forms  of,  see  Forms.] 

NATURALIZATION  of  person,  where  done 444 

of  a  minor 444 


GENERAL  INDEX,  683 

PAGE. 

NATURALIZATION,  declaration  of  intention 445 

affidavit  of  a  minor ...  445 

affidavit  to  prove  intention 446 

affidavit  to  prove  residence 44G 

certificate  of  citizenship 446 

NON-RESIDENT  may  patent  claim,  how 60 

mineral  affidavit.    [See  Forms.] 
NOTICE.     [See  Forms.] 

NEVADA,  records  of  location  of  mines 140 

mining  laws.    [See  Mining  Laws.] 
official  oath.    [See  Forms.] 

NEW  MEXICO,  mining  laws 141,  143 

locations,  how  made 141 

locations,  how  estimated 141 

deeds,  married  women  and  liens 630 

ORDER  of  business  in  Legislature  (general) 37-43 

of  court  for  examination  of  debtor 483 

[For  orders,  see  Forms.] 

OREGON,  mining  laws 143,145 

mining  locations,  how  made ■  •  •  143 

mining  claim,  how  established 143 

mining  claim,  how  held,  record  and  labor 143 

mines,  real  estate 144 

placers  and  water  rights , 144,  145 

OPEN,  mutual  and  current  account 633,  CiJd 

PAPER  MEASURE 436 

PRESIDENTS  OF  THE  UNITED  STATES  from  1789  to  1883 35-34 

PIERCE,  FRANKLIN,  fourteenth  President 31 

POLK,  JAMES  KNOX,  eleventh  President 30 

PARLIAMENTARY  RULES,  table  of 41 

PATENTS,  for  mines,  application  for 53 

for  agricultural  lands,  limited 56 

PLACER  CLAIMS,  how  obtained 53,    54 

gi'ound 53,  75,    77 

PARTNERSHIP,  laws  relating  to £63-267 

what  is  a ~^2 

termina,tion  of ~65 

liquidation  of. 266 

[For  forms,  see  Forms.] 

requisites  under  California  Code 341,  343 

PARTNERS,  mutual  obligations  of 203,  264 

powers  of 204 

liability  of 265 

PROMISSORY  NOTE,  what  isa 333 

if  lost  what 333 

obtained  by  fraud 333 

when  they  bear  interest 333 


684  GENERAL  INDEX. 

PAOK. 

PROMISSORY  NOTE,  presumption  of  value  for 333 

accommodation 333 

made  by  minor 333 

indorsed  in  blank ' 333 

when  due,  if  time  of  payment  is  not  named 333 

bow  payee's  name  should  be  stated 333 

rights  of  indorsee  against  parties  to 333 

notice  of  protest,  to  whom  sent 333 

must  be  protested,  even  if  lost 333 

notice  to  one  partner  sufBcient 333 

time  of  payment  absolute 334 

names  of  parties  to 334 

consideration  necessary 334 

words  "  value  received  " 334 

negotiable  when 334 

usual  methods  of  drawing 334 

may  be  indorsed  without  liability,  how 334 

when  joint  and  several 334 

must  be  endorsed  how,  if  made  to  two  not  partners. . .   334 

when  subject  to  offsets 384 

necessary  words  in  Pennsylvania,  New  Jersey  and  Missouri 335 

are  entitled  to  days  of  grace,  where 335 

when  demand  of  payment  should  be  made 335 

effect  of  leaving  out  "  with  interest " 335 

for  certain  commodity,  what , 335 

how  interest  must  be  computed  on 335 

where  several  payments  are  made  on 335,  336 

[Forms  of,  see  Forms.] 

PENSION  LAWS 511-533 

act  June  6,  18,  20,  1874,  June  18,  1875 515 

act  August  15,  1876 516 

act  Pebniary  27,  28  and  March  8,  1877 517,  518,  519 

act  March  9,  1878 520 

act  June  17,  18  and  20,  1878 522 

act  January  25,  1879 523 

act  March  1  and  3,  1879 524,525,  526 

act  June  9, 16  and  20, 1880 52(5,  5?.7 

act  February  26,  1881 527 

act  August  7,  1882 528,  529 

act  July  25,  1882  530 

act  August  8,  1882 533 

PATENT  RIGHTS,  rules  of  practice 362-387 

correspondence 363 

information  and  attorneys 363 

who  may  obtain  a 364 

for  what  may,  be  obtained 364 

application  for,  how  made 365 

petition  and  specification 366,  368 

oath  of  inventor 368 


GENERAL  INDEX.  685 

PAGB. 

PATENT  RIGHTS,  drawings 369-372 

model 373  374 

specimens,  examination,  rejections,  etc 374 

amendments,  etc 374 

designs,  requisites  of  application 375,  376 

re-issues 376,  378 

interferences 378 

duration  of,  etc 379 

errors  in  letters  patent 3s0 

abandoned  and  renewed  application 381 

disclaimers .- .   381 

caveats 382 

assignments 384 

office  fees 385 

repayment  of  money 387 

forms 387-407 

PRINTS  AND  LABELS,  law  relating  to 408 

registration  of,  by  corporation 410 

registration  of,  by  individual 409 

POSTAL  regulations 434-443 

regulation,  rates , 437 

general  information 442,  443 

POSTAGE,  FOREIGN 439 

PROTEST.    [See  Forms.] 

PUBLIC  LANDS,  directions 161-169 

laws  concerning 170-210 

forms  relating  to 210-233 

offices  of  United  States 233 

military  bounty  and  forms 235-241 

railroad 242-245 

of  States 245 

where  found 161 

classes  of. 161 " 

public  sale  of 161,  162 

location  of,  with  warrants 162,  177 

location  with  college  scrip 163,  177 

location  by  pre-emption 1G3,  167,  173,  174 

proof  required 166 

desert 167 

rights  and  duties  of  registers  and  receivers 170-172 

what  may  be  pre-empted 172,  173 

who  may  pre-empt 173 

how  much  may  be  pre-empted 173 

how  to  pre-empt 173-179 

where  two  claim  pre-emption 176 

sixteenth  and  thirty-sixth  sections  of  townships 177 

lands  granted  to  parishes  and  counties 179 

pre-emption  may  be  changed  to  homestead , 179 


686  GENERAL  INDEX. 

PAGE, 

PUBLIC  LANDS,  homesteads  on 179-185 

who  may  homestead 179,  180 

how  homestead  may  be  obtained 180,  181 

infant  heirs  to  homesteaders  deceased ISO 

homestead  by  military  or  naval  service  to  United  States .181,  182 

application  and  affidavit  for 180,  181 

how  much  may  be  homesteaded 183 

soldiers  entitled  to  homesteads  on 182-184 

soldier's  homestead,  how  obtained 183,  184 

Indian  homestead  on 184 

Indian  homestead,  how  obtained , . .  184,  185 

persons  refunded  purchase  money,  when 185 

town  sites  on 168,  169 

town  sites  on 185-189 

town  sites,  title,  how  obtained 186-189 

town  sites,  mineral  veins  in 187 

Salt  Lake  City 188 

land  commissoiners,  powers  over 189,  190 

taking  false  oath  respecting 191 

oath  relating  to,  where  taken 191 

act  for  relief  of  settlers  on 192,  206 

act  to  encourage  growth  of  timber  on 192 

affidavit  for  timber  culture 193 

number  of  trees,  cultivation,  etc 194 

desert,  act  relating  to 195 

desert,  where  in  force ,  196 

saline,  act  relating  to 196 

act  limiting  town-site  reservatiohs 197,  198 

act  relating  to  timber  in  certain  States 199,  201 

act  relating  to  civilized  Indians ;  ..201,  202 

act  providing  how  warrants  may  be  laid 202,  203 

act  granting  rights  within  railroad  limits 203,  204 

act  granting  rights  in  Missouri  and  Arkansas 204 

act  granting  additional  homestead  and  pre-emptions 205 

act  providing  for  issuing  patents  for 207 

act  relieving  trespassers  on 207,  208 

act  to  return  money  on  void  entries 208,  210 

military  bounty 235,  241 

RAILROAD  LAND  LAWS 242,  245 

TEXAS  LANDS  and  other  State  lands 245 

TOWN  SITES.    ] See  public  lands.] 

PETITIONS.    [See  Forms.] 

POWER  OF  ATTORNEY,  what  is  a 543 

who  may  give  a 543 

kinds  of 543 

when  revocation  of  takes  eflfect.       , 543 

[For  forms  of,  see  Forms.] 

RAILROADS,  right  of  way  through  canyons 344 

lands,  pre-emption  and  homestead  on 242,  243 


GENERAL   INDEX.  "^ ' 

PAOK. 

REGULATIONS  of  applications  for  patents ^^^ 

440 
REGISTERED  letters 

REGISTERS.    [See  Public  Lands.] 

RECEIVERS.    [See  Public  Lands.]  * 

RIGHT  of  way  to  sidewalk  and  road 

SA.LINE  LANDS.    [See  Public  Lands.] 

SURVEYS,  making  and  expense ' 

SURVEYOR'S  deputy '^  ' 

STATE  and  Territorial  mining  laws 

laws.     [See  Abstracts.] 

SILVER  AND  GOLD,  standard  value  of ^J^ 

,  c  410 

comparative  value  ot  . . . 

SOLE  TRADER,  petition  for 

SUGGESTIONS  to  young  attorneys (j4r64S 

about  witnesses ' 

about  address  to  court ' 

,  o49 

about  bow  to  read 

OA 

TAYLOR,  ZACHARY,  twelfth  President 

30 
TYLER,  JOHN,  tenth  President 

TABLES  of  weights,  measures,  etc.    [See  Forms.] 

TABLE.    [See  Forms.] 

59 
TIMBER,  may  be  cut  for  mines 

culture.    [See  Forms  and  Public  Lands.] 

and  stone  lands 

^     .  ,  49,  66-68 

TUNNELrights 

„^      ,       .  359 

TENDER,  what  is  a ^.^ 

if  made,  how,  and  what 

of  amount  greater  than  due 

effect  of  . .    

326 

TENANT,  who  is  a ^^^ 

cannot  deny  his  landlord's  title 

TIME  T\BLE.     [Sf  e  Forms.] 

402 

TIME,  to  find  at  any  point ~ 

between  Denver,  Colorado,  and  divers  places *<^^ 

407 
TRADE  MARKS,  law  of 

TROY  WEIGHT  and  avoirdupois,  history -^ 

[See  Forms.] 

^  .    .       ,  146-148 

UTAH,  mining  laws 

locating  mine,  defacing  notice,  robbing  of  ore J^o 

miner's  lien ^  ,-. 
record  of  notices,  fees,  etc 

J  J.  40 

district  mining  records ^^.^^ 

deeds,  married  women,  and  liens 

UNITED  STATES  COINAGE ^^" 

UNITS.    Table  of • 


688  GENERAL   INDEX. 

UNDERTAKING.     [See  Forms.] 

USURY,  penalty  for  in  certain  States 633 

VAN  BUREN,  MARTIN,  eighth  President 29 

VERDICTS.     [See  Forms.] 

VERIFICATIONS.    [See  Forms.] 

WASHINGTON,  GEO.,  first  President 25,  26 

WASHINGTON,  deeds,  married  women,  and  liens 632 

WATER  RIGHTS,  for  mining  purposes 56 

U.  S.  statute  of  1866 87 

and  placers,  statute  of  1870 88,  89 

WARRANT  of  arrest.     [See  Forms.] 

WEIGHTS  and  measures.    [See  Forms.] 

deviation  of,  and  waste  in  mint 423 

of  bushel  in  certain  States .425,  426 

of  bushel  by  U.  S.  rule 427 

WILLS.     [See  Abstracts  and  Forms.] 

W7LL,  whatis  a.... 417 

requisites  of. ...  5i4 

care  required  in  drawing 447 

statutes  must  be  complied  with 447 

how  bequests  should  be  made '.  .'^4-ii 

who  may  make  a . .  54ri 

what  childi-en  may  bequeath 54i'. 

legal  names  of  parties  making  a 015 

nuncupative,  what •  • 545 

olographic,  what , 545 

what  testator  should  say  in 545 

witnesses  required,  and  where  and  why 545 

executors  of 546 

when  revoked  at  common  law 546 

when  revoked  in  some  States 546 

codicil  to,  what  is .- . . .    .'!)46 

executor  of,  who  is .'46 

[For  forms,  see  Forms.] 

WYOMING,  mining  laws 148,  151 

expenditures,  abandonment,  and  salting  of  mines 148 

delinquent  co-owners  of,  and  lien  on  mine 149,  150 

deeds,  married  women,  and  liens , 633 


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